ARIWOOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Kano State High Court presided over by Hon. Justice Tani Yusuf Hassan. The said decision was given on the 2nd day of April, 2001 in favour of the respondent in an action instituted by the respondent.
The action was commenced pursuant to Order 23, High Court (Civil Procedure) Rules of Kano State, 1988 under the "undefended list" procedure.
The facts of this case from the affidavit evidence are that the respondent as plaintiff in the lower court was a customer to the appellant who defended the case as respondent's banker. The respondent claimed to have made two (2) separate lodgements of N500,000.00 (Five Hundred Thousand Naira Only) each into its bank account with the appellant. The lodgements were said to have been made on 31/12/98 and 06/01/99 respectively. But sometime later, the respondent discovered that only one lodgement was credited to its account.
When efforts to get the appellant to…