(2011) JELR 44598 (CA)    

Court of Appeal  ·  CA/I/191/08 ·  28 Feb 2011 ·  Nigeria
STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant bank
evidence act
3rd p.w.
learned trial judge
notice of appeal
senior counsel
reply brief
amended statement of claim
grounds of appeal
debit balance
exhibit ff
independent contractor
stare decisis
3rd p.w
excessive interests
favour of respondent
laws of the federation of nigeria
particulars iii
plaintiff claims
respect of issue
said exhibits
sum of n7,779,368.80
abandoned issue
account of the healthy operation of the account
additional grounds of appeal
circumstances of this case
close of evidence
current account number
decision of the high court of justice
evidence of exhibits
firm of finance experts
learned counsel
long standing customer of appellant bank
material times
oyo state
particular reference
present appeal
printed record of appeal
refundable standing order debit
request of respondent
sum of n7,779,368.80k
written report

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The present appeal is against the decision of the High Court of Justice of Oyo State holden at Ibadan awarding the sum of N7,779,368.80 to respondent and dismissing appellant bank's monetary counter-claim of N21,744,605.47 in its entirety.

Pleadings were settled between the parties in the court below. Paragraph 28 of the amended statement of claim pleaded the reliefs sought against appellant bank by respondent as follows:

"28. Whereof the Plaintiff claims against the Defendant as follows:-

i. Declaration that the amount entered as debit balance in the Plaintiff's Account NO PA 289 with Defendant New Gbagi Branch, Ibadan on the facilities granted to her, is not a true, correct and/or accurate reflection of her indebtedness as the same account contained erroneous debit, excessive and unwarranted charges, unorthodox deduction as was recklessly manipulated by Mr. L. K, Afolayan, the then Branch Manager.

ii. The sum of N7,7…

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