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V.
EMOLE

(2001) JELR 44286 (SC)

Supreme Court 14 Dec 2001 Nigeria
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- The respondent, a customer of the appellant bank, fully paid N116,017.44 (covering exchange and bank charges) for a letter of credit in 1984 to import goods, but years later, the bank debited his account with further sums (N77,578.18 and

Case Details

Suit Number:SC.96/1995
Judges:ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Counsel:E.T.O. Njoku, Esq.,for Appellant For Appellant Chief Tagbo Nwogu with F.O. Awa Esq., for Respondent For Respondent

M.E. OGUNDARE, JSC. (Delivering the Leading Judgment): The Plaintiff/respondent was at all times relevant to this appeal a customer of the Defendant/Appellant Bank. He maintained a current account at the Factory Road, Aba branch of the Defendant Bank. Sometime in November, 1984, he requested the Bank to open some letters of credit in favour of his overseas suppliers of goods. One of such letters was LC No. 72/84 for 'a392,391.78 (Ninety-Two Thousand, Three Hundred and Ninety-One Pounds, Seventy'97Eight Pence). At the request of the Bank Plaintiff deposited a sum of N99, 793.15 (Ninety-Nine Thousand, Seven Hundred and Ninety-Three Naira Fifteen Kobo) as the full cover for the said letter of credit, based on the exchanged rate prevalent on 6th November, 1984. The letter of credit was opened by the Bank. In April 1985 Plaintiff went to the Aba branch office of the defendant Bank to collect the shipping documents relating to the letter of credit. There he was told that due to foreign exch…

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