(1966) JELR 59502 (SC)    
Supreme Court  ·  (SC.576/1964) ·  25 May 1966 ·  Nigeria
Core Terms Beta
mrs amushan
agbonmagbe bank
duty of care
privity of contract
reasonable time
trial judge
adedipe j.
amount of the cheques
donoghue v
english law
learned judge
mr makanju
reasonable care
scarf v
w. h. rogers
agbonmagbe bank headquarters
agbonmagbe bank ltd.
agbonmagbe bank’s branch
bank of west africa ltd.
business life
case lord atkin
c.f.a.o. mr makanju
company’s bankers
company’s manager
daily contacts
defendant bank ought
favour of the c.fa
favour of the c.f.a.o.
further goods
gafai’s case
general conception of relations
headquarters of the agbonmagbe bank
human beings
judgment of the court
learned trial judge
limited evidence
manufacturer of products
name of esther abiola amushan
number of cheques
ordinary course of business
particular cases
return of cheques
second hearing
separate causes of action
ultimate consumer

BAIRAMIAN, J.S.C.(delivering the judgment of the Court): In this appeal the Agbonmagbe Bank Ltd. complains of the judgment given by Adedipe J., in the Lagos High Court Suit No. LD/344/1963 on 6th July, 1964 in favour of the C.F.A.O. for £9,865-4s-4d.

The C.F.A.O. had a customer by the name of Esther Abiola Amushan, who gave the company a number of cheques on the Agbonmagbe Bank’s Branch at Shagamu between the 7th August, 1957 and the 5th October, 1957 amounting to £10,197-8s-4d; the company handed the cheques to the Bank of West Africa Ltd., for collection, and this Bank sent them to the headquarters of the Agbonmagbe Bank at Ebute Metta, which returned the cheques dishonoured on the 10th October, 1957 in a bunch. The C.F.A.O. wrote to the Agbonmagbe Bank headquarters to complain that the delay of their Shagamu Branch in returning the cheques caused them loss for which the company held the Bank responsible, but received no reply. The C.F.A.O. sued Mrs Amushan and obtained judgment agai…

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