GUARANTY TRUST BANK PLC
V.
AJIBOYE

(2017) JELR 57766 (CA)    

Court of Appeal  ·  CA/IL/130/14 ·  20 Feb 2017 ·  Nigeria
CORAM
MOJEED ADEKUNLE OWOADE JCA (Presided) HAMMA AKAWU BARKA JCA BOLOUKUROMO M. UGO JCA (Read the Lead Judgment)
Core Terms Beta
appellant’s counterclaim
1st respondent
appellants’ counterclaim
lower court
staff of the appellant
said funds
learned trial judge
high court of kwara state
lead judgment
witness statements
officials of the appellant
statement of claim
high court
respondents
appellant’s monies
criminal cases nobody
special damages
eight-ground notice
1st respondents’ evidence
trial judge
criminal complaint no. kws
appellant’s abandoned guesthouse
1st respondent’s unlawful arrest
said properties
personal properties
2nd respondent
appellant’s officers
lower court’s finding
records of appeal
case no. kws
internal control mechanism
fact a
enforcement of his fundamental rights
double compensation
instructions of appellant
evidence of appellant
appellant’s ilorin branch office
brief of argument
judgment of the high court of kwara state
general damages
criminal complaint
leave of this court
grounds of appeal
case
trial court
court
said paragraphs
confiscation of the amounts
result of that case
additional witness statement

UGO JCA (Delivering the Lead Judgment): This appeal is against the judgment of the High Court of Kwara State of 5 February 2014 in suit No KWS/6/2012, in which the learned trial judge, M.A. Folayan J., entered judgment for the respondents as per their claim and dismissed appellant’s counterclaim.

The respondents, who were claimants in that court and defendants to appellants’ counterclaim, are husband and wife. 1st respondent was a staff of the appellant’s bank at its Tanke Junction,llorin branch at all times relevant to the suit and was responsible for feeding its ATM machine with its funds. On 13 July 2009 while he was on duty, two officials of the appellant, one of which was DW1, Afolabi Habeeb Tolulope, came from its Regional Office in Ibadan and accused him of stealing appellant’s monies running to as much as N46,000,000 (forty-six million) entrusted to him for its Automated Teller Machines (ATM). They also informed him that they were instructed to take him to its said Regional

Of…

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