(1997) JELR 45446 (CA)    

Court of Appeal  ·  CA/L/343/94 ·  21 Jul 1997 ·  Nigeria
Other Citations
F.B.N. Plc. v. Akande [1997] 9 NWLR (Pt.519)
F.B.N. Plc v. Akande (1997) 9 NWLR (Pt. 519) 113
DAHIRU MUSDAPHER Justice of The Court of Appeal of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Court of Appeal of Nigeria RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
reasonable doubt
learned trial judge
american dollars
third party notice
allegation of crime
foreign exchange
nigeria police
trial judge
zurich airport
swiss police
third party
bank manager
commission of crime
decision of the learned trial judge
documentary evidence
particulars of error
police station
said currency notes
supreme court
weight of evidence
above quoted provision
american currency notes
appellant bank us
cashier of a bank
consequences of the alleged negligence of the defendant
counterfeit united state dollars
evidence act cap
evidence of the only defence witness
favour of the plaintiff
following grounds of appeal
judgment of ade alabi
lagos high court
leading judgment
present case
principle of severance of pleadings
proof of any behaviour of the defendant
proof of his alleged arrest
remaining dollar
serial numbers of the currency
statement of defence
united states dollars

MUHAMMAD, J.C.A. (Delivering the Leading Judgment): This is an appeal by the Defendant/Appellant against the judgment of Ade Alabi, J. sitting at the Lagos High Court, delivered on the 4th day of December, 1992 which granted all the reliefs sought by the Plaintiff/Respondent. The facts that led to this appeal are as follows:-

On 27/9/88 the respondent purchased from the appellant bank US $144 (One hundred and forty four United States Dollars). He paid N851.65 for the purchase. He was issued with a purchase receipt which contained the serial numbers of the currency notes sold to him. The respondent then departed Nigeria in the night of 27/9/88 and arrived at Zurich Airport in the morning of 28/9/88. At Zurich Airport, according to the respondent, he offered one $20 note to the cashier of a bank in the arrival hall of Zurich airport. The cashier looked at the note and told the respondent that the note was fake. The cashier then made some telephone calls. A few minutes later, the Police …

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