(1999) JELR 45750 (CA)    

Court of Appeal  ·  CA/E/176/97 ·  8 Jul 1999 ·  Nigeria
Other Citations
UBA Plc. v. Ekene Dili Chukwu (Nig.) Ltd (1999) 12 NWLR (Pt.629)
EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria
Core Terms Beta
third party
bills of exchange act
1st respondent
learned trial chief judge
account payee
learned trial judge
joint account
circumstances of this case
collecting banker
third parties
3rd third party
error of law
proceeds of the draft
prudent banker
necessary enquiries
grounds of appeal
laws of the federation of nigeria
submissions of counsel
accepted banking practices
cause of action
evidence of the witnesses
ex turpi
joint names
orient bank draft
orient bank of nigeria limited
such vehicles
sum of n360,000
2nd issue
2nd third parties
3rd parties
available evidence
considered judgment
contention of the appellant bank
favour of a fictitious payee
following cases
leading judgment
onitsha branch draft no.003512
proceeds of the orient bank draft
protection of the said section
view of the defence
virtue of section

GALADIMA J.C.A. (Delivering the Leading Judgment): This is an appeal by the Defendant/Appellant against the decision of Uyanna, C.J., sitting in the Awka Judicial Division of Anambra State High Court contained in his judgment of the 6th day of October, 1994. The Plaintiff/Respondent's claim against the Defendant/Appellant is for the sum of N360,000 being the amount which the plaintiff paid per Orient Bank of Nigeria Limited, Onitsha Branch Draft No.003512 of 24/4/89 in favour of the 3rd- Third Party (Panel on Recovery of Public Funds and Property, Anambra State Government) which the Defendant/Appellant paid to 1st- Third Party (Manuel Bradley Limited) and the 3rd - Third Party. The Plaintiff/Respondent claimed that this money was negligently paid and he therefore claimed this sum as damages and interest therefore at the rate of 30% until the said amount was paid.

It was by leave of the Court below that Manuel Bradley Ltd., Emmanuel Chigbo Nwogbo and Panel on Recovery or Public Funds a…

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