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ENTERPRISE BANK NIGERIA PLC & ORS
V.
CINDERELLA BAKERY AND AGRIC FOODS INDUSTRIES LTD

(2014) JELR 42192 (CA)

Court of Appeal 20 Jun 2014 Nigeria
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- The case involves a banker-customer relationship between the 1st Appellant and the Respondent. - The Respondent discovered that its account was wrongly debited and notified the 1st Appellant. - Instead of rectifying the wrong debits, the

Case Details

Suit Number:CA/K/377/2004
Judges:THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria
Counsel:Kayode Olatunji Esq; with Abdulraheen Esq. For Appellant S. A. Magashi Esq; with Salisu Sule Esq. For Respondent

THERESA NGOLIKA ORJI-ABADUA, J.C.A. (Delivering the Leading Judgment): There was a banker-customer relationship between the 1st Appellant and the Respondent. The Respondent maintained a current account No.0101004709 with the 1st Appellant. In June 1986, the 1st Appellant granted Credit facility to the Respondent to the tune of N50,000.00 which was secured by the Respondent charging its floating assets by way of a floating Debenture to the 1st Appellant. The floating Debenture created the rights and obligations of the parties in respect of the facilities granted to the Respondent by the 1st Appellant. The assets charged and/or mortgaged were insured. In or about April, 1996, the Respondent discovered that its account was wrongly debited up to the tune of N42,677.60 which were all averred at paragraph 16 of the Amended Statement of Claim. The 1st Appellant was notified of all the wrong debits. It was alleged that instead of the 1st Appellant either servicing all wrong interest debits or…

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