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(2015) JELR 34206 (CA)

Court of Appeal 13 Jul 2015 Nigeria
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- The case involves a banking transaction where the respondent deposited funds with the appellant for the purchase of a ship, but the transaction fell through and the funds were transferred to the ship sellers. - The lower court ruled in fa

Case Details

Suit Number:CA/EK/52/2014
Judges:ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria
Counsel:Samuel Oyadoyin Esq. For Appellant Ime Nya Asanga Esq. (with him T. O. Obisesan, Esq. and Miss B. E. Mene) For Respondent

BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Ekiti State, Ado-Ekiti Judicial Division, delivered on 4th March, 2014 by A.L. Ogunmoye J. It concerns a banking transaction between the respondent and his bank, the appellant, and monies deposited by the respondent with the appellant towards the purchase of a ship by the respondent from a Liberian based company. That transaction went awry and cost the respondent its said funds amounting to US$142,500.00 which the appellant transferred to the ship sellers as deposit when the respondent could not raise additional funds to acquire the ship because the appellant's board eventually declined to approve the credit facility its Ado-Ekiti Branch Managers had in writing approved in principle and assured the respondent it would offer it. The $142,500.00 deposit became irretrievable because the agreement between the ship sellers and the respondent stipulated that any sum depo…

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