Inuwa Mohammed Mai V. Standard Trust Bank Ltd (2007)

LawGlobal-Hub Lead Judgment Report

OLUKAYODE ARIWOOLA, J.C.A.

This appeal is against the judgment of Kaduna State High Court sitting in Kaduna delivered by J. S. Abiriyi, J. in Suit No. KDH/KAD/121/2001 on 3rd day of May, 2002 wherein the Plaintiff s claims were dismissed.

In an amended statement of claim dated 12th day of October, 2001 but filed on 26th day of October, 2001 the Plaintiff (hereinafter referred to as the Appellant) had claimed against the Defendant (herein after referred to as the Respondent) in paragraph 17 as follows:

“WHEREOF the Plaintiff claims against the Defendant as follows –

(a) AN ORDER directing the Defendant to allow the Plaintiff have access to the funds in its account with the defendant.

(b) AN ORDER that the said denial of the Plaintiff to the funds in its account as (sic) wrongful and a breach of contract.

(c) AN ORDER directing the Defendant to indemnify the Plaintiff for all the loss occasioned to third parties by the plaintiff as a result of the conduct of the Defendant.

(d) AN ORDER directing the Defendant to pay to the Plaintiff for all lost profits and incidental expenses incurred by the Plaintiff as a result of the Defendant’s actions and/or omissions.

(e) AN ORDER directing the Defendant to pay the Plaintiff the sum of N50,000,000.00 (Fifty million naira) as damages for breach of contract.

IN THE ALTERNATIVE TO (e)

(f) AN ORDER directing the Defendant to pay the Plaintiff the current banking interest on the said amount till the date of release”

The facts in brief that led to this appeal are that, the Appellant was a customer to the Respondent, operating current Account No. 0915188017 with the Kaduna branch of the Respondent. Sometime on 9th January, 2001 the Appellant had opened the said account with a cheque of six million, four hundred and eighty-seven thousand, eight hundred and sixty-five naira, fifty kobo (N6,487,865.50). The said cheque No.00006932 dated 9th January, 2001 was that of the Respondent’s Kano branch. On the 16th day of January 2001, the said cheque was alleged to have been cleared and the Appellant’s account in Kaduna was duly credited with the said sum of over six million naira. Thereafter, the Appellant issued various cheques between 18th and 22nd January, 2001 on the said account infavour of different persons and these cheques were honoured by the Respondent. But on 20th and 24th January, 2001 the Appellant issued two cheques in particular infavour of his daughter and one T.Y. Ikpome respectively (see Exhibits 3 and 6) but the said cheques were returned unpaid by the Respondent. As at that time, the Appellant had to his credit in the said account, the sum of N5,886,031.00 (See Exhibits 2E, 2F and 20). On enquiry through his Solicitor, why the said cheques were not paid, the Respondent wrote to say that one Standard Construction Ltd., another customer to the Respondent had given the Bank a payment order” hence the refusal to honour the said two cheques. When the Respondent was not taking any’ further step to honour the Appellant’s demand, the latter proceeded to Court. The case went to trial and in a considered judgment, the trial court dismissed the Appellant’s claim in its entirety.

Dissatisfied with the judgment, the Appellant filed a Notice of Appeal dated 11th day of July, 2002 on 12th July, 2002 on the following eight (8) grounds of appeal, herein reproduced without their particulars –

GOUNDS OF APPEAL