UBA
V.
MARCUS

(2015) JELR 40315 (CA)

Court of Appeal · CA/K/466/2013 · 6 Mar 2015 · Nigeria

CORAM

ABDU ABOKI Justice of The Court of Appeal of Nigeria OLUDOTUN ADEBOLA ADEFOPE-OKOJIE Justice of The Court of Appeal of Nigeria AMINA AUDI WAMBAI Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

respondent

appellant

account

lower court

learned trial judge

issue

availability period

exhibit pd3

inter alia

banking practice

cross-examination

favour of the respondent

credit facility

material points of substance

learned counsel

outstanding balance of n2.8m

terms of the contract

evidence act

exhibit pi

month of may

satisfaction of the facility

sole issue

uba account no.

balance of n3,400,000

cheque of n3,000,000

commercial bank

decision of kaduna state high court

evidence of pay

exhibit p1

facts of the case

g-d

grant of the loan

isheno vs. julius berger

kaduna state

leading judgment

monthly instalment of n126,000

n4 m

official of the appellant

part of the respondent

personal loan

proper consideration of the terms of exhibi9 pd3

respective briefs of argument

said judgment of the lower court

said salary

suit no. kdh

sum of n2,800,000

third party

written addresses of both counsel

AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of Kaduna State High Court in suit No. KDH/KAD/21/2010 delivered by Hon. Justice B. Muhammed on the 28th day of June, 2012 wherein Judgment was entered in favour of the Respondent in the sum of N2,800,000 claimed by the Respondent as illegal deductions by Appellant from his (Respondent's) account.

By his statement of claim before the lower Court, the Respondent as the plaintiff, claimed against the Appellant then as the defendants the following reliefs:-

"1. The Plaintiff claims against Defendant the sum of Two Million, Eight Hundred Thousand Naira (N2,800,000.00) only being the total sum the Defendant illegally deducted from UBA Account No. 00500250002389 without the agreement or consent of the Plaintiff.

In the alternative,

2. The Plaintiff's claim against the Defendant is for an account to be taken and rendered of the UBA Account No. 00500250002389 for the debt due to the Plaintiff in re…

UBA V. MARCUS

UBA
V.
MARCUS