YAKUBU
V.
U.B.A. PLC

(2011) JELR 57673 (CA)    

Court of Appeal  ·  CA/J/170/2004 ·  12 Apr 2011 ·  Nigeria
CORAM
ZAINAB ADAMU BULKACHUWA JCA (Presided) TOM SHAIBU YAKUBU JCA (Read the Lead Judgment) ITA GEORGE MBABA JCA
Core Terms Beta
evidence
appellant
evidence act
learned trial judge
trial judge
statement of account
dw1
1st respondent
suit no. adsy
trial court
exhibit z13
grounds of appeal
appellant’s account
computer print outs
issue of negligence
said statement
1st respondent’s counterclaim
certificate of occupancy no. ylg
evidence of the appellant
favour of the respondent
high court of justice yola
supreme court decision
1st issue
adamawa state high court of justice
admission of exhibit z13
appellant’s counsel
apprehensions of the appellant
banker ’s book
burden of proof
considered judgment
consolidated suit nos
current account
customer of the respondent
evidence of the plaintiff
following cases
inadmissible document
inadmissible piece of evidence
lead judgment
material evidence
officer of the bank
photocopies of computer print-outs
photocopy of copy of the alleged statement
plaintiff’s suit
said grounds of appeal
statement of defence
statement of hisaccount
state of his statement of account
sum of n80,000.00
weight of the evidence

YAKUBU JCA (Delivering the Lead Judgment): This appeal is in respect of two consolidated suit nos. ADSY/17/94 and ADSY/43/95 which was decided by Lawi, J., of the Adamawa State High Court of Justice, Yola on 14 October 2003. The appellant, being a customer of the respondent, was operating a current account with the latter. In 1982, he applied for an overdraft in the sum of N80,000.00(eighty thousand naira). However, the sum of N30,000.00 (thirty thousand naira) only was approved for him. The appellant then deposited his Certificate of Occupancy No. YLG 000842 and executed a deed of mortgage in November 1982 in favour of the respondent. The relationship between the parties was cordial up to July 1987 when the respondent issued to the appellant, a debit advice indicating that the appellant’s account was debited with the sum of N725.00 (seven hundred and twenty-five naira) allegedly being 10% commission paid by the respondent to her solicitors for moniesrecovered from the appellantin r…

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