Ratio DecidendiRatio DecidendiRatio Decidendi


(1996) JELR 45898 (SC)    

Supreme Court  ·  SC.95/1990 ·  28 May 1996 ·  Nigeria
Other Citations
Kareem v. U.B.N. Ltd (1996) 5 NWLR (Pt.451)634
Kareem v. U.B.N. Ltd. (1996) 5 NWLR (Pt. 451) 634
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
2nd respondent
1st respondent
court of appeal
2nd defendant
1st defendant
brief of argument
learned trial judge
trial court
said sum
judgment of the high court
present case
relevant issues
trial judge
account of the 2nd defendant
cheque no.
central bank clearing house
judge of the high court
judgment of the court of appeal
learned justice
manager of the 2nd respondent
retrial of the case
said amount
appeal of the 1st defendant
branch of the 1st respondent
case of the 1st respondent
case of the appellant
central bank of nigeria
cheque leaf no.
cleared cheque
course of the proceedings
end of the trial
evidence act
examination of the pleadings of the parties
facts of the case
first arm of the 1st respondents claim
following day
following order
following terms
gamut of a retrial
ibadan of the 1st respondent
issue of forgery
judgment of the trial court
laws of oyo state
leading judgment
lower courts
next issue
oyo state high court
property of the plaintiff

UWAIS, C.J.N. (Delivering the Leading Judgment): The appellant herein was the 2nd defendant in an action brought by the 1st respondent, as plaintiff, claiming jointly and severally against the appellant and 2nd respondent (as 1st defendant) as follows:-

"(i) Declaration that the period for regarding, deeming and/or presuming a cheque presented for clearance through the Central Bank of Nigeria as cleared is four (4) working days.

(ii) Declaration that the sum of ₦885,000.00 held by the 1st defendant at Ibadan and deemed credited to the account of the 2nd defendant on 28th October, 1983 being proceeds on a cheque No. 066058 allegedly issued to the 2nd defendant and paid into his account with the 1st defendant is the property of the plaintiff.

(iii) An order compelling the 1st defendant to credit the account of the plaintiff through the Central Bank Clearing House, Ibadan with the said amount or any part thereof as money had and received an order against the defendants jointly and sever…

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