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ALHAJI ISIYAKU YAKUBU V. UNITED BANK FOR AFRICA PLC MESSERS UME IBEH & ASSOCIATES

(2011) JELR 57673 (CA)

Court of Appeal  •  CA/J/170/2004  •  12 Apr 2011  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA JCA (Presided) TOM SHAIBU YAKUBU JCA (Read the Lead Judgment) ITA GEORGE MBABA JCA

Judgement

YAKUBU JCA (Delivering the Lead Judgment): This appeal is in respect of two consolidated suit nos. ADSY/17/94 and ADSY/43/95 which was decided by Lawi, J., of the Adamawa State High Court of Justice, Yola on 14 October 2003. The appellant, being a customer of the respondent, was operating a current account with the latter. In 1982, he applied for an overdraft in the sum of N80,000.00(eighty thousand naira). However, the sum of N30,000.00 (thirty thousand naira) only was approved for him. The appellant then deposited his Certificate of Occupancy No. YLG 000842 and executed a deed of mortgage in November 1982 in favour of the respondent. The relationship between the parties was cordial up to July 1987 when the respondent issued to the appellant, a debit advice indicating that the appellant’s account was debited with the sum of N725.00 (seven hundred and twenty-five naira) allegedly being 10% commission paid by the respondent to her solicitors for moniesrecovered from the appellantin r…

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