BI ZEE BEE HOTELS LTD,
V.
ALLIED BANK (NIG) LTD.

(1996) JELR 79165 (CA)    
Court of Appeal  ·  8 Aug 1996 ·  Nigeria
 · 
Other Citations
Bi Zee Bee Hotels Ltd, v. Allied Bank (Nig) Ltd. (1996) 8 NWLR (Pt. 465) 176
CORAM
UMARU ABDULLAHI, J.C.A. (Presided and Read the Leading Judgment), MAHMUD MOHAMMED, J.C.A., IBRAHIM TANKO MUHAMMAD, J.C.A.
Core Terms Beta
defendant
question
question of law
ground of appeal
learned trial judge
statement of account
amended statement of claim
federal high court
jurisdiction of his court
jurisdiction of this court
legal persons
lone ground of appeal
plaintiff claims
question of the construction of statutory provision
true rule of law
above referred letter
additional grounds
bank account
bank charges
bank interest rate
careful consideration
civil procedure
c no.
defendant arc
different meanings
exercise jurisdiction
exercise of the powers
federal high court act cap
final determination
foreign exchange
human person
incompetent ground of appeal
individual legal person
jurisdiction of the court
kano slate high court
laws of the federation
learned federal high court judge
natural person
natural persons
promissory note
provisions of decree no.
provisions of the proviso
recognised fact
said receipt
said statement
said statement of account
single ground of appeal
sums of n10,000
trials of this matter

ABDULLAHI, J.C.A. (Delivering the Leading Judgment): The appellant issued out a writ of summons against the respondent over some dispute relating to the banking transactions between the appellant as a customer and the respondent as a banker.

Pleadings were ordered filed and exchanged. The appellant later on filed an Amended Statement of Claim.

In the Amended Statement of Claim the appellant in paragraphs 4,5,6,7,8, 9,16 and 17 averred as follows:-

"4. The plaintiff claims that sometime in 1982 after a long wait without statement of Account on its Account with defendant it suspected fraud. Plaintiff thereafter wrote a letter dated 21/1/82 to request its Statement of Account from the defendant. The above referred letter is pleaded and the defendant is hereby given notices to produce its original.

5.That the plaintiff subsequently received the said statement of account and plaintiff acknowledged the said receipt by another letter of 25/5/82. The said statement and the letters above referred …

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