RICKETT v BANK OF WEST AFRICA

(1960) JELR 80317 (SC)    
Supreme Court  ·  FSC. 363/1959 ·  10 May 1960 ·  Nigeria
 · 
Other Citations
(1960) LCN/0862(SC)
CORAM
ADEMOLA, CHIEF JUSTICE, NIGERIA BRETT, JUSTICE, SUPREME COURT HUBBARD, JUSTICE, SUPREME COURT
Core Terms Beta
executor de son tort
respondent bank
learned judge
person
agent of the beneficiaries
legal personal representative
personal representative
banking contract
current account
express words
mining business
monthly rests
question of the interest
r.c. rickett estate of f.j. wilson
appellant replies
bank of west africa ltd.
business manager
circumstances of the case
contentions of the parties
co. rep. 30a
cross-appeal
customer of the bank
deal-ing
deceased’s tin
decree of administration
executor de son tort cloth
half years
il-legal
intestacy of f.j. wilson
judgment of the court
judgment of the high court of the northern region
late mr. f.j. wilson
legal position
local board
mr. r.c. rickett
mr. wilson’s behalf
mr. wilson’s death
property of any such deceased person
r.3 of the high court rules
respect of an overdraft
respect of the account
respondent bank appeals
sir w.m. james
spondent bank
statement of the account
statutory authority
subject matter
technical intermeddling
valuable asset
whole act

HUBBARD, AG. F.J (Delivering the Judgment of the Court):

This is an appeal by Mr. R.C. Rickett against a judgment of the High Court of the Northern Region sitting at Jos by which he was ordered to pay to the Bank of West Africa Ltd. in respect of an overdraft on a current account and interest thereon the sum of £3,871-15s-7d. That the account was overdrawn is not disputed, but the appellant denies any liability for the overdraft. The re-spondent bank has cross – appealed on the question of the interest allowed by the learned Judge.

The contentions of the parties may, I think, be briefly and correctly summarised as follows:-

1. The respondent bank states that it has at all times dealt with the appellant as its customer in respect of the account entitled “R.C. Rickett Estate of F.J. Wilson deceased” which the appellant opened on 28th May, 1955.

2. To this the appellant replies that he was not the customer of the bank, but acted solely as the agent of the beneficiaries under the intestacy of…

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