Philomena Iroro Oghumu v. First Bank Of Nigeria & 3 Ors. (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBAMIJI AWOTOYE, JCA (Delivering the leading judgment)

This is the judgment in respect of the cross-appeal filed by the claimant (at the lower court) against the judgment of Edo State High Court, Benin Judicial Division in suit No. B/702/2010 delivered on 25/8 2016.

By paragraph 35 of her further amended statement of claim the claimant claimed as follows:

“Whereof claimant claims against the defendants jointly and severally as follows:

a. Special damages of N202,900.00 (Two hundred and two thousand nine hundred naira) being the total sum of money withdrawn from her account through ATM without her authorization to wit: 21 Transactions. Out of which were 18 transactions on 4th of May, 2010 and 3 transactions made on the 5th day May in this order:

Withdrawals made on the 4th of May, 2010:

N20,100.00, N20,100.00, N20,100.00

N5,000.00, N5,000.00, N5,000.00, N5,000.00,

N4,000.00, N20,100.00, N20,100.00, N20,000.00,

N5,000.00, N5,000.00, N5,000.00, N5,000.00, N4,000.00

Refunds made on the 4th of May, 2010: N5,000.00, N5,000.00.

Withdrawals made on the 5th of May, 2010:

N20,100.00, N20,100.00, N4,100.00

As well as general damages of N10,000,000.00 (Ten million naira)