Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



DIAMOND BANK LTD
V.
UGOCHUKWU

(2007) JELR 57801 (CA)    

Court of Appeal  ·  CA/PH/329/2005 ·  28 Mar 2007 ·  Nigeria
 · 
Other Citations
Diamond Bank Ltd. v. Ugochukwu (2008) 1 NWLR (Pt. 1067) 1
CORAM
SULEIMAN GALADIMA JCA ISTIFANUS THOMAS JCA BODE RHODES-VIVOUR JCA

Ratio Decidendi

Core Terms Beta
respondent
bank
appellant
counsel
account
learned trial judge
exhibits e
banker-customer relationship
contractual relationship
exhibit o
lead judgment
orders of the task force
reason of incomplete mandate
account no.
banker-customer
banking custom
defendant bank
evidence act
face of exhibits d
recovery of government property
special damages
appellant’s application
court of appeal rules
current account
m. learned counsel
name of al-clement
recovery of public property
unlawful freezing of the plaintiff
agugua j of the owerri high court
bank creditor
cost of the action
detailed examination of the issue
h. section
imo state primary education
ing t
joint parties
light of exhibits s
order of imo state task force
order of the imo state task force
orders of the imo state task force
piece of evidence
respondent’s business account
result of the contract
said orders amounts
scope of section
separate accounts
state of affairs
such account
white papers

RHODES-VIVOUR JCA (Delivering the Lead Judgment): Thedispute out of which this appeal arose was between a bank and its customer. The appellant is the bank, while the respondent is the customer. The respondent (as the plaintiff) sued the appellant (as the defendant) on a writ of summons accompanied by statement of claim wherein he claimed the sum of ₦126,796,500 (one hundred and twenty-six million, seven hundred and ninety-six thousand, five hundred naira) as general and special damages for dishonouring his cheque drawn on the defendant bank and/or for conversion or unlawful freezing of the plaintiff’s account with the defendant. This is how the dispute arose. The plaintiff is a businessman. He runs two separate accounts with the defendant bank. A current account in the name of Al-Clement with account No. 0712555017. The signatories to the account are the plaintiff/respondent and one Ugochukwu Unachukwu also known as Uzoma Onuoha.

The second account is a fixed deposit account held und…

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