MOHAMMED, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Obi J. of the Delta State High Court of Justice sitting at Warri and delivered on 15-5-1996.
The appellant which was the defendant at the court below is a banker to the respondent's company which was the plaintiff. The respondent maintained current accounts with the appellant at its Ikeja and Warri branches of the bank. The cause of action in the suit arose because the appellant failed to honour cheques issued by the respondent on its current accounts inspite of the fact that the respondent had sufficient funds to accommodate the various amounts on the cheques. A total of 5 cheques were involved all of which were duly presented to the appellant for payment but were dishonoured by the appellant. The respondent therefore sued the appellant at the lower court and claimed N10,000,000.00 (Ten Million Naira) as general and special damages suffered by the respondent consequent upon the
wrongful dishonour…