MOHAMMED, J.S.C. (Delivering the Leading Judgment): The plaintiff, who is respondent in this appeal maintained a current account with the Asaba branch of the appellant bank. On 2nd July, 1984, the respondent issued a cheque for N15,000.00 to a trading partner, one Ifeatu Onuorah and Company. The cheque was presented on 11th July, 1984 for payment. But it was dishonoured because as at the time the respondent had only N7,621.24 standing as balance in his current account. The respondent who believed that at the time he had enough money in his account to meet the said cheque felt greatly injured as to his credit and trade. He pleaded that he suffered loss and damage.
Consequently, the respondent instituted the present action against the appellant claiming the sum of N100,000.00 being special and general damages for wrongful dishonour of his cheque. In the alternative, he claimed for N 100,000.00 special and general damages for negligence. At the end of the trial, and in a considered judgm…