Customer Support

UBA
V.
OLAWOLE

(2010) JELR 47698 (CA)

Court of Appeal 13 Jul 2010 Nigeria
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:CA/C/125/2008
Judges:KUMAI B. AKAAHS Justice of The Court of Appeal of Nigeria JAAFARU MIKA'ILU Justice of The Court of Appeal of Nigeria NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria
Counsel:Mathew Ojua Esq. For Appellant Dan Takon Etta Esq For Respondent

JAAFARU MIKA'ILU. J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State, Holden at Ikom and delivered by Hon. Justice M. O. Eneji on the 2nd day of March 2007.

The facts of this case are that in the year 1997, the 1st Respondent applied for an overdraft of N1,540,000.00 from the appellant to finance a Local Purchase Order (LPO) from the Cross River State Primary Education Board for the purchase and supply of vehicles. A domiciliation of payment was duly executed by the 1st Respondent in favour of the appellant.

It is alleged that after receiving the funds, the 1st Respondent failed to supply the vehicles to the Education Board, thereby frustrating the domiciliation of payment in favour of the appellant. He stopped operating his account with the appellant and diverted all his banking transactions including lodgment of large sums of money to another bank.

When it became obvious to the appellant that the conduct of the 1st …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.