HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Hon. Justice L. Abai delivered at the Aba Judicial Division of the Abia State High court on the 12th of March 2009. The facts that led to this appeal are as follows:
The Plaintiff now Respondent is a lawyer with his office at Aba while the Defendant now Appellant is a limited liability company with branch office all over Nigeria particularly Aba. The Respondent was a customer of the Appellant operating a current account No. 0961533812511 with the Appellant at its Jubilee Road Branch, which to the knowledge of the Appellant was for the purpose of and in connection with his trade and profession. On 23rd May, 2006, the Respondent issued an Afribank Nigeria Plc cheque in favour of Messrs Ania Motors Limited for the sum of N573,300.00. When Messrs Ania Motors Limited paid in the cheque into its First Bank account for clearing and payment by Afribank, the cheque went for clearing…