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;
Appearances
E. O. Ebohon (with him, N. Obaizan Monah) For Appellant
Chief O. B. Onyia For Respondent
Judgement
<p>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:</p><p> "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.</p><p> 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. </p><p> 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.</p><p> The plaintiff in consequence has been greatly injured in his credit and in his …</p>