Guaranty Trust Bank PLC V. Yunana Solomon (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of Adamawa State High Court of Justice, Yola delivered on the 13/7/2015 by Hon. Justice, Ambrose Mamadi in Suit No: ADSJ/83/2014: Yunana Solomon V. Guaranty Trust Bank Plc., in which judgment was entered in favour of the Respondent against the Appellant under the Summary Judgment Procedure.

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The Respondent was the Plaintiff before the Court below and had on 26/09/2014 instituted Suit case against the Appellant as Defendant. The Respondent filed all the Originating processes in line with Order 22(1) of the Adamawa State High Court (Civil Procedure) Rules, 2013 to wit: Writ of Summons, Statement of claim, copies of the exhibits and a deposition of his witnesses together with an application for summary judgment supported by a 33 paragraphs affidavit stating the grounds for the Respondent?s belief and a written address in respect thereof which was served on the Appellant. The Appellant in response on 07/11/2014 filed its Statement of Defence, deposition of witness, list of documents together with a counter-affidavit and a

written address in reply to the application for summary judgment. On the 25/11/2014, when the matter came up for hearing of the Motion for summary judgment before the Court below, counsel to the respective parties duly adopted their written addresses, which they re-adopted on 13/07/2015 and the Court below on the same date entered its final judgment for the Respondent under the summary judgment procedure in the sum of N4 million together with 5% interest of the judgment sum.

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The Respondent?s case at the trial Court was for the refund of the sum of N4, 000. 000. 00 he claimed to have deposited in a Fixed Deposit Account with the Appellant on 11/9/2013 at the Banking Hall of the Appellant?s Mubi Branch with the assistance of one Mrs. Stella Sati which he claimed was a staff of the Appellant to whom he was directed by another staff at the counter, one Mr Samson.

On the other hand, the Appellant alleged that it had no record of the transaction between the Respondent and Mrs. Stella Sati and that the relationship between Appellant and Mrs. Stella Sati was not that of Agency relationship and at any rate there was an allegation of crime against the

said Mrs Stella Sati.

The Notice of Appeal was filed on 16/7/2015 containing five grounds of appeal against the judgment of the Court below. The Record of Appeal was duly transmitted to this Court on 14/8/2015. The Appellant?s brief was filed on 5/11/2015 but deemed properly filed on 10/12/2015. The Respondent?s brief was duly filed on 10/12/2015.

The Appellant?s reply brief was duly filed on 23/12/2015.

At the hearing of this appeal on 1/2/2016, Miss Rashida Babayo, counsel for the Appellant adopted the Appellant?s brief and the Appellant?s Reply brief as their argument in support of the appeal and urged the Court to allow the appeal, set aside the judgment of the Court below and to transfer the suit before the Court below to the general cause list for hearing and determination on the merit. On his part, Hassan G.

Maidawa Esq., learned counsel for the Respondent adopted the Respondent?s brief as their argument in opposition to the appeal and urged the Court to affirm the judgment of the Court below.

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