(2000) JELR 40012 (CA)    

Court of Appeal  ·  CA/E/116/99 ·  10 Jul 2000 ·  Nigeria
Other Citations
Anuka Comm. Bank v. Olua (2000) 12 NWLR (Pt.682)641
NIKI TOBI Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria
Core Terms Beta
3rd respondents
learned trial judge
lower court
oral evidence
personal liberty
mr. b. s. nwankwo
principal cause of action
fundamental issue
attorney-general of the federation
detention of the applicant
torts law of anambra state
2nd appellant
fundamental claim
fundamental rights enforcement procedure rules
further arrest
mr. b.s. nwankwo
present case
proof of service of the motion
uba cheque
1st appellant
anuka community bank nigeria ltd.
case of duriminiya v
case of the applicant
customer of the 2nd appellant
decision of the learned trial judge
enforcement of fundamental right
enforcement of the fundamental rights of the applicant
facts annexures
following issues
following reliefs
formulation of issues
honourable court
identification of any issue
infringement of the rights of the applicant
learned counsel
manager of the 2nd appellant
mr. o. g. osuigwe
overdraft facility of n400,700.00
proper issue
respect of the dud cheque
state c.i.d. awka
statement of issues
subject matter of the dispute
submissions of counsel
view of section

TOBI J.C.A.(Delivering the Leading Judgment): The 2nd appellant is Anuka Community Bank Nigeria Ltd. which operates at Nnewi. The 1st appellant is the Manager of the 2nd appellant. The applicant/respondent was a customer of the 2nd appellant at all times material to this matter. He operated a Current Account, No.500050001087 from 10th January, 1997.

The applicant/respondent was granted short-term credit and overdraft facilities by the 2nd appellant at different times. The appellants claimed that on 14th May, 1997 and 23rd May, 1997, the applicant/respondent was granted overdraft facility of N400,700.00. The applicant/respondent put the figure at N400,000.00 which leaves a difference of N700.00. The applicant/respondent surrendered a UBA cheque for N350,000.00 as security for the loan. According to the appellants, when the applicant/respondent failed to liquidate the facility, the UBA cheque surrendered by him was presented for payment. The cheque was dishonoured. The appellants petiti…

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