Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ARCHIBONG
V.
FBN PLC

(2014) JELR 39876 (CA)    

Court of Appeal  ·  CA/C/73/2013 ·  27 Feb 2014 ·  Nigeria
CORAM
UZO I. NDUKWE-ANYANWU JCA CHIMA CENTUS NWEZE JCA ONYEKACHI A. OTISI JCA

Ratio Decidendi

Core Terms Beta
appellant
respondent
counsel
exhibit e
trial judge
party
exemption clause
issues
trial court
atm card
such evidence
trial
fundamental obligations
judgment of the court
judgment of the lower court
leading judgment
nigerian law of contract
alhaji hassan bogoco
alhaji onibudo
appellant of liability
atm card agreement
breach of contract
business of the appellate court
chima centus nweze
claim damages
clause l of exhibit e
common place
consequences of breach of a fundamental term
exclusionary terms
final analysis
fundamental breach of contract
high court
inapplicability of any exemption clause
individual brief
intention of the parties
issue of fundamental breach of contract
judgment of the high court of akwa ibom state
learned appellant's counsel
learned trial judge
lord diplock
monies of the appellant
okay achike
own observations
pleadings of a party
primary duties
primary obligation
said atm card agreement
use of atm cards
uzo i. ndukwe-anyanwu

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Akwa Ibom State sitting in Uyo delivered on 30th November, 2012. The Appellant as plaintiff had instituted a suit in the High Court and claimed the following reliefs.

1. The sum of ₦76,400.00 (Seventy Six Thousand, Four Hundred Naira) only withdrawn from his account No. 1'853010006766 with the defendant.

2. Interest on the said ₦76,400.00 at the Current Bank interest rate of 20% from the 29th May, 2010 until the debt is liquidated.

3. ₦750,000.00 damages on the injuries sustained and on the breach of contract.

The Appellant had saved the amount of ₦77,000.00 in his account with the Respondent. On 8th June, 2010, the Appellant went to withdraw money with his ATM card. He tried severally but couldn't withdraw money. On getting into the bank he was informed that there was no money to withdraw in his account.

He then made a formal oral complaint about the loss to the …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login