ELIAS, C.J.N. (Delivering the Leading Judgment): In suit No. LD/597/67 in the High Court of Lagos, the plaintiffs claimed against the defendants the sum of 550 pounds as damages suffered by the plaintiffs from the defendant's negligence in failing to make inquiries about a customer upon opening an account and collecting the plaintiff's crossed cheque for the said sum dated February 14, 1967, and drawn in favour of one Mr. Olatunde Odubiyi, a barrister-at-law of Abeokuta, which said cheque was wrongfully dealt with by the defendants.
After due hearing, the learned trial Judge, Sowemimo, J., (as he then was), found the defendants not liable on the claim and awarded them fifteen guineas costs. He, however, made an order that the defendants refund to the plaintiffs the sum of 300 pounds. 10/, being the amount then standing in the name of one Olatunde Odubiyi who kept an account with the defendant Bank and who had since disappeared. From this judgment appellants have appealed to this court…