UNIVERSAL TRUST BANK OF NIGERIA LIMITED V. AWANZIGANA ENTERPRISES LIMITED

SAMSON ODEMWINGIE UWAIFO, J.C.A. (Delivering the Leading Judgment): On 13th March, 1990, at the High Court, Lagos, A. O. Silva, J., gave judgment in a claim based on unauthorised withdrawal of a sum of money from the plaintiff's account with the defendant. The plaintiff is a company engaged as a general merchant in commodities marketing and transportation. The defendant is a banker.

On 9 July, 1986, the sum of N 100, 000.00 was withdrawn from the plaintiff's account No. 00197 - 01442 in the defendant's Apapa Branch, Lagos by means of a counter cheque. The plaintiff says it authorise or made no such withdrawal.The defendant says it was the Managing Director of the plaintiff company, Alhaji Abba Mustafa, who came in person to withdraw the money.

The plaintiff in the amended statement of claim asked for (a) general damages of N250,000.00 "for the negligence of the defendant in the payment" of the said N 100,000.00; and (b) payment of the said sum of N100,000.00 with "interest at 18% or t…