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UNION BANK OF NIGERIA LIMITED v. IFEATU AUGUSTINE NWOYE

(1989) JELR 35501 (CA)

Court of Appeal  •  CA/B/125/88  •  15 Dec 1989  •  Nigeria

Coram
EMMANUEL EKUNDAYO OGUNDARE JCA; ISA AYO SALAMI JCA; AKINTOLA OLUFEMI EJIWUNMI JCA;

Judgement

SALAMI, J.C.A. (Delivering the Leading Judgment): The respondent, as plaintiff in the court below, took out a writ of summons which was endorsed as follows against the appellant:

"1. The plaintiff who is a trader, residing at No.12, Niger Bridge Road, Asaba maintains a current account with the defendants Bank at Asaba.

2. The defendant is a limited liability company with its Head Office at No.40 Marina Lagos and carries on Banking business at their branch at Asaba, Bendel State, among other places in Nigeria.

3. On or about the 2nd day of July, 1984 the plaintiff issued a cheque No.360008/044465 for N15,000.00 (fifteen thousand naira) to plaintiffs Trading Associates, Ifeatu Onuorah and Co. which cheque was on 11/7/84 wrongfully and/or negligently dishonoured by the defendant despite the fact that the plaintiff at the material time had enough money in his account to meet up the payment of his said cheque.

The plaintiff in consequence has been greatly injured in his credit and in his …

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