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SAVANNAH BANK OF NIGERIA LTD.
V.
SALAMI

(1996) JELR 49439 (SC)

Supreme Court 27 Sep 1996 Nigeria
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- The plaintiff, a customer of the defendant bank, sued for special and general damages, alleging wrongful dishonour of several cheques despite having sufficient funds in his account, while acting as guarantor for a third party’s overdraft

Case Details

Suit Number:SC.44/1990
Judges:MUHAMMADU LAWAL UWAIS JSC SALIHU MODIBBO ALFA BELGORE JSC MICHAEL EKUNDAYO OGUNDARE JSC UTHMAN MOHAMMED JSC ANTHONY IKECHUKWU IGUH JSC
Counsel:Appellant absent and unrepresented; A. Osinuga For the Respondent.
Other Citations:Savannah Bank Nig. Ltd. v. Salami (1996) 8 NWLR (Pt.465) 131

MOHAMMED, JSC (Delivering the Leading Judgment): The plaintiff, who is respondent in this appeal, instituted an action before the High Court of Ijebu-Igbo, Ogun State, and claimed against the defendant N50,000.00 as special and general damages for wrongful dishonour of his cheques.

The facts which gave rise to this appeal are in the following narrative:

Alhaji R.A. Salami maintained a current account No. 074 with the appellant at Ijebu-Igbo branch. The respondent, on 5th November, 1984, issued out two separate cheques for N1,000.00 and N3,000.00 in favour of one Ladipo Sodeinde and Alhaji Ileaje respectively. Again, on 31st December, 1984, he issued out cheque No. 119/C006534 for the sum of N2,000.00 and another cheque No. 119/006535 for the sum of N1,000.00. Both cheques were issued in favour of his son, Mr. Isiaka Ayodele, with special instruction to his son that if he collected the a money he should deliver it to any of his friends coming from Abuja. The money was to be used for th…

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