(2005) JELR 45300 (CA)    

Court of Appeal  ·  CA/IL/M.6/2003 ·  17 Jan 2005 ·  Nigeria
Other Citations
Trade Bank Plc. v. Yisi (Nig.) Ltd. (2006) 1 NWLR (Pt.960)101
Trade Bank Plc, v. Yisi (Nig.) Ltd. (2006) 1 NWLR (Pt. 960) 101
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
cbn regulation
foreign exchange
learned trial court
evidence act
learned trial judge
marble finance ltd.
unutilized foreign exchange
exhibit d11
learned counsel
account of the respondent
exhibit d4
facts of the case
lower court
fair rate
award of interest
claims of the plaintiff
exhibits d10
issue no.1
marble finance company limited
relief no.3
said sum
third party
account of plaintiff
applicable rate
behalf of the respondent
cbn approval
cbn directives
correct proper statement
decision of the kwara state high court of justice
determination of the case
end of trial
favour of the plaintiff
leading judgment
learned trial judge suo motu
misdirection of fact
pleaded facts
record grant
respective counsel
state high court
such letter
suit no. kws
unutilized amount

ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Kwara State High Court of Justice, sitting at Ilorin, in suit No. KWS/254/94, delivered by Hon. Justice Gbadeyan on 23/12/2003, in which judgment was given in favour of the plaintiff (hereinafter referred to as "the respondent").

Dissatisfied with the whole decision, the defendant (hereinafter referred to as "the appellant"), filed a notice of appeal consisting of 13 grounds.

The facts of the case as can be gathered from the record are that the appellant is a commercial bank, while the respondent was/is its customer. The appellant has branches at Oja-Oba, Ilorin, Dacemo Street, Lagos, and a corporate banking department also in Lagos.

The respondent had her accounts with the appellant at the branches stated above. The respondent applied for banking facilities which were granted on terms. She applied through the appellant for loan under the Central Bank of Nigeria (hereinafter) referred to…

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