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WEMA BANK PLC v. HON. OWOSENI JAMES OLUDARE

(2015) JELR 41960 (CA)

Court of Appeal  •  CA/EK/14/2014  •  30 Jun 2015  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; FATIMA OMORO AKINBAMI JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

ADZIRA G. MSHELIA, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the Judgment of the Ekiti State High Court, Ise-Ekiti Judicial Division, delivered on 28th June, 2013 in Suit No: HIS/2/2012.

The respondent herein, as claimant, commenced the action against the appellant by filing a writ of summons on 14th day of March, 2012 claiming for:

(a) A declaration that the defendant, its staff, servants and agents, etc, breached the duty of secrecy of accounts and fiduciary relations which it owed to the claimant when the defendant, its officers, staff and agents negligently, carelessly, fraudulently, criminally, unethically, and without authorization by the claimant, tampered with the claimant's Current Account with number 1741181834818 and Salary Account with number 17481894812 by making withdrawals, payments, transactions and granting loans with the aforesaid accounts without the claimant's prior knowledge and authorization whatsoever.

(b) A declaration that the acts and…

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