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 The sum of ₦76,400.00 (Seventy Six Thousand, Four Hundred Naira) only withdrawn from his account No. 1'853010006766 with the defendant.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

ARCHIBONG V. FBN PLC

ARCHIBONG
V.
FBN PLC