FIDELITY BANK
V.
CHINEDU

(2018) JELR 38952 (CA)

Court of Appeal · CA/OW/309/2016 · 11 Jun 2018 · Nigeria

CORAM

MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellant

respondent

defendant

evidence

lower court

transfer

domiciliary account

us dollars

lead judgment

account name

considered view

instant case

judgment of the lower court

judgment sum

learned trial judge

account of the claimant

case of the respondent

clear breach of the duty of care

date of judgment

instant appeal

mandate signature

payment of the sum

stance of the respondent

trial judge

branch manager of the defendant

customer care service officer

entitlement of the respondent

exhibits b

final analysis

fund transfer forms

grounds of appeal

grounds of improper evaluation of evidence

high court lagos

high court of abia state

lagos high court

leading judgment

mandatory telephone calls

mr. eze emelike

registry of the lower court

relevant principles of law

respective cases of the parties

respect of his domiciliary account

respect of the order of the account name

respondents brief of argument

respondents claim

result of these unauthorized withdrawals

said grounds

specimen signature

statement of claim

various documents

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment delivered on 11/2/2016 by the High Court of Abia State, holding at the Umuahia Judicial Division presided over by Hon. Justice L. Aabi (hereafter to be simply referred to as the lower Court and learned trial Judge respectively). The instant case was instituted by the Respondent by a writ of summons which issued on 10/1/2013. An amended writ of summons and amended statement of claim were later filed in the case with the Respondent claiming against the Appellant in paragraph 26 of the amended statement of claim as follows: -

i. Payment of the sum of $48,000.00 USD (Forty Eight Thousand US Dollars) being an amount illegally deducted from the account of the claimant.

ii. 10% interest on the sum of $48,000 USD (Forty Eight Thousand US Dollars) from 6/7/2010 to the date of filing this suit.

iii. 10% interest on the sum of $48,000.00 USD (Forty Eight Thousand US Dollars) from the date of …

FIDELITY BANK V. CHINEDU

FIDELITY BANK
V.
CHINEDU