(2013) JELR 49349 (CA)    

Court of Appeal  ·  CA/YL/44/2012 ·  5 Jun 2013 ·  Nigeria
JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria ABUBAKAR ABBA Justice of The Court of Appeal of Nigeria
Core Terms Beta
statement of claim
trial court
general damages
exhibits adsy
lower court
breach of contract
office of the accountant general of the federation
severance benefits
savings accounts
appellant bank
incomplete citation
preponderance of evidence
severance pay slips
civil case
printed record of appeal
proof of their claim
computations of their benefits
judgment of the trial court
paragraph statement of claim
respective accounts of the plaintiffs
third party
customer of the bank
date of final addresses of counsel
garba v kur
high court of justice
learned counsel
learned trial court
learned trial judge
number of persons
ogbeide v osula
paragraph statement of defence
particulars of special damages
place of pleadings
pleaded amounts
presentation of a withdrawal slip
probability of evidence
respect savings accounts
said amount of the money
said sum of n11,477,035.08
total amount of the money
total sum of n11,477,035.08
ups v adeyosoye
various sums of money
weight of evidence

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): The respondents herein were former members of staff of the Federal College of Education, Yola who were retired in the year 2007. Thereafter, they appeared before a Screening Committee in Kaduna where they were screened and computations of their benefits made, based on their years of service, grade Level, documents, etc. the Federal government then paid them their severance benefits, via cheques through the office of the Accountant General of the Federation. The Respondents lodged the cheques into their respect Savings accounts opened with the appellant Bank and the proceeds of the cheques were credited to these accounts. Sometime after that, the Respondents discovered to their chagrin that various sums of money had been debited from their Savings accounts, apparently without their knowledge and consent. After protesting to the Appellant through their solicitors to no avail, the Respondent filed an action before the High …

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