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UNITY BANK PLC V. JAHSWILL ONWUDIWE & ANOR

(2015) JELR 42266 (CA)

Court of Appeal  •  CA/B/201/1999  •  2 Jul 2015  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; HAMMA AKAWU BARKA JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A.(Delivering the Leading Judgment): The 1st Respondent was at all material times to this action a customer of the Appellant Bank. The 1st Respondent had a younger brother who was a student in the United States of America. In the course of ordinary and normal banking relationship, the 1st Respondent approached the Appellant to help him source foreign exchange and transfer to his younger brother in the United States for payment of his school fees and for his upkeep. The 1st Respondent made the naira equivalent available to the Appellant and paid the commission and other charges for the transaction.

The initial application made by the Appellant on behalf of the 1st Respondent was rejected by the 2nd Respondent on the grounds that the application was not supported by original documents. Upon the rejected application being returned, the application was made once again, this time with the original documents attached thereto. That was however the last that was …

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