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UTB OF NIGERIA LTD
V.
AWANZIGANA ENTERPRISES LTD

(1994) JELR 43344 (CA)

Court of Appeal 19 Apr 1994 Nigeria
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- The case involves a claim of unauthorized withdrawal of money from the plaintiff's account with the defendant bank. - The plaintiff alleges that the withdrawal was made without authorization and seeks damages and repayment of the withdraw

Case Details

Suit Number:CA/L/296/91
Judges:UMARU ATU KALGO Justice of The Court of Appeal of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Court of Appeal of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria
Counsel:A. Oladeji, Esq. (with him, O. Kachukwu, (Miss) For Appellant M.A. Bashua, Esq. (with him, M.A. Bashua, Esq.) For Respondent
Other Citations:U.T.B. v. Awanzigana Ent. Ltd (1994) 6 NWLR (Pt.348)

SAMSON ODEMWINGIE UWAIFO, J.C.A. (Delivering the Leading Judgment): On 13th March, 1990, at the High Court, Lagos, A. O. Silva, J., gave judgment in a claim based on unauthorised withdrawal of a sum of money from the plaintiff's account with the defendant. The plaintiff is a company engaged as a general merchant in commodities marketing and transportation. The defendant is a banker.

On 9 July, 1986, the sum of N 100, 000.00 was withdrawn from the plaintiff's account No. 00197 - 01442 in the defendant's Apapa Branch, Lagos by means of a counter cheque. The plaintiff says it authorise or made no such withdrawal.The defendant says it was the Managing Director of the plaintiff company, Alhaji Abba Mustafa, who came in person to withdraw the money.

The plaintiff in the amended statement of claim asked for (a) general damages of N250,000.00 "for the negligence of the defendant in the payment" of the said N 100,000.00; and (b) payment of the said sum of N100,000.00 with "interest at 18% or t…

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