OGBOJA
V.
ACCESS BANK PLC

(2015) JELR 44227 (CA)    

Court of Appeal  ·  CA/AK/38/2013 ·  18 May 2015 ·  Nigeria
 · 
Other Citations
Ogboja v. Access Bank Plc (2016) 2 NWLR (Pt. 1496) 291
CORAM
MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria
Core Terms Beta
respective issues
customer of the respondent commercial bank
counter claim
central bank regulations
rates of interest
counter claimant
favour of the defendant
trial court
banking act mandates
central bank of nigeria guide
evidence of the witnesses
statement of claim
documentary evidence
exchange policy guidelines
accurate statement of account of the plaintiff
central bank of nigeria regulations
following documents
exhibit
following issues
evidence
excess charges
credible evidence
terms of the defendant
overdraft facilities
such financial business
tender of exhibit
lead judgment
financial institution act
plot no.
counter-claim
leading judgment
payment of n1,072,421.75
agreed rates
true copy of the cbn guide
offer letter
signed forms of agreement
s.51 of the evidence act
reasonable doubt
financial report
allegation of manipulation of his account
resolution of this appeal resolves
appellant
plaintiff
record of appeal
trial judge
amended reply
parties evidence
judicial notice of the regulations

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice Ondo State sitting in Akure delivered on the 5th December, 2012 wherein it entered Judgment against the Plaintiff and in favour of the Defendant/Counter Claimant in terms of the Defendant's counter claim. Appellant herein was the Plaintiff/Defendant at the court below.

The Appellant was a customer of the respondent Commercial Bank who duly applied for overdraft facilities from the Respondent, completed the acceptance forms though the forms had modifications from the previous ones, but they were in any case signed Appellant paid all the principal sums and interest as in the signed forms of agreement; but defaulted on the principal facilities and interest for a whole year in respect of the renewed facility on the ground that it was fraudulently signed/induced as he was not brought into the picture of the changed conditions on terms thereof. The Debt mo…

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