TOBI, J.C.A. (Delivering the Leading Judgment): The appellant is a banker with head office at No. 20 Garden Avenue, G.R.A. Enugu. It is a Public Limited Company. The respondent is a company incorporated under the Companies Act having its registered office at No. 86 Awolowo Road, Ikoyi, Lagos. It carries on business as a construction company. At all material times, the respondent maintained various accounts with the appellant at the Enugu head office branch and the Lagos branch office. This appeal is concerned with the former.
Both the appellant and the respondent had mutual and cordial business relationship until August, 1991 when things started falling apart, not in the context of Professor Chinua Achebe's literary work, though. The business relationship became strained. The mutuality of purpose was gone. So too the cordiality of purpose. The immediate cause of the strained relationship was the defixing of the fixed deposit accounts of the respondent. While the respondent firmly stood…