Access Bank PLC V. Mrs. Aderonke Folashade Sijuwade (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the default Judgment of Hon. Justice A.A. Aderibigbe of Osun State High Court sitting at Osogbo, delivered on the 29th day of October, 2010 in favour of the Claimant/Respondent.

The claim, of the plaintiff/respondent at the trial Court against the Appellant was for the following as per his statement of claim dated 13/01/2010:

(A) Declaration that the Defendant owes a duty of care to all her customers to whom Master Cards and Visa cards were issued (inclusive of the claimant herein) to allow such customers access to the funds in their accounts at all times unless the were not in credit.

(B) Declaration that the Defendant was negligent and in breach of her duty of care as a banker to the claimant in failing or omitting to ensure that the Master Card issued to the claimant in furtherance of Account Number 0125250000000376 and Visa card for Account Number 01251780000000100 were functional and/or structured in a manner that could have allowed claimant to have unhindered access to the funds in the two accounts respectively being operated by

the claimant in the Defendant’s bank inspite of the fact that the accounts are in substantial credit of over 4000.00.

(c) An order compelling the Defendant to pay over to the claimant without any deduction whatsoever all funds in the two Account Numbers; 0125250000000376 and 01251780000000100 respectively being operated at the Osogbo branch of the Defendant.

(D) An order compelling the Defendant to pay to the claimant the sum of N10,000,000.00 (Ten Million Naira) as general damages occasioned to the claimant by reason of the breach of the duty of care in failing to ensure that the Master Card and Visa card issued to the claimant on the two accounts were operational and functional at Arabian Park Hotel, Dubai, UAE whereat the claimant had foisted on him the additional burden and responsibility of looking for alternative funds to use in paying for services and purchases at Dubai, UAE and also at Osogbo where the Defendant official had tried unsuccessfully to activate the cards.

OR in the Alternative to (a) to (d) above,

(E) Declaration that the refusal of the Defendant to repay or refund the funds in Accounts Numbers 0125250000000376

01251780000000100 respectively being operated at the Osogbo branch of the Defendant to claimant in line with the claimant’s demand vide letter dated 31st December, 2009. Constitutes a breach of the banking contract between the claimant and the Defendant.

(F) Declaration that the refusal of the defendant to repay the funds in the claimant’s account and the consequential use of the funds in pursuit of the Defendant’s business and for the purposes of appropriating unjust profits to the Defendant without regard to the claimant’s position is unconscionable, unfair and constitutes a wrongful aggravation of the claimant’s right as a customer of the Defendant bank.

(G) And order compelling the Defendant to pay over to the claimant without any deduction whatsoever all funds in the two Account Numbers 01252500000000376 and 01251780000000100 respectively being operated at the Osogbo branch of the Defendant.

(H) An order compelling the Defendant to Pay to the claimant the sum of N10,000,000.00 (Ten Million Naira) as aggravated damages occasioned to the claimant by reason of the breach of the banking contract in failing to repay the sums in the claimant’s