Skye Bank Plc V. Mrs. Jadesola Kudus (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment)

The present appeal is against the decision of the High Court of Justice of Oyo State holden at Ibadan awarding the sum of N7,779,368.80 to respondent and dismissing appellant bank’s monetary counter-claim of N21,744,605.47 in its entirety.

Pleadings were settled between the parties in the court below. Paragraph 28 of the amended statement of claim pleaded the reliefs sought against appellant bank by respondent as follows:

“28. Whereof the Plaintiff claims against the Defendant as follows:-

i. Declaration that the amount entered as debit balance in the Plaintiff’s Account NO PA 289 with Defendant New Gbagi Branch, Ibadan on the facilities granted to her, is not a true, correct and/or accurate reflection of her indebtedness as the same account contained erroneous debit, excessive and unwarranted charges, unorthodox deduction as was recklessly manipulated by Mr. L. K, Afolayan, the then Branch Manager.

ii. The sum of N7,779,368.80k (Seven million, Seven hundred and seventy-nine thousand, Three hundred and sixty-eight Naira, eighty kobo) being an amount refundable to the Plaintiff by the Defendant after deduction of the actual overdraft due to the Defendant from the operation of the Plaintiff’s account between 21/9/1993 to 31/5/2000 made up thus:-

(a) Excessive commission on Draft Issued, amounting to… 27,339.91

(b) Excessive interests on over-Draft amounting to… 2,795,423.57

(c) Refundable standing order Debit amounting to… 4,103,615.17

(d) Refundable unauthorized Debit Transfer amounting to… 2,700,018.77

(e) Refundable unwarranted charges Tagged “CHG, D/S”… 966,347.54

(f) Refund of Debits without prior Credits amounting to… 3,023,128.18

(g) Refundable unsubstantiated Debits amounting to… 4,571,387.69

Total Amount = 18,187,255.00