United Bank for Africa Limited & Anor V. Rose Francis Louis (1994)

LawGlobal-Hub Lead Judgment Report

EJIWUNMI, J.C.A. 

This appeal is against the judgment of O. Ita, J. sitting at the High Court of Calabar in the Calabar Judicial Division of Cross River State. In that judgment, the claim upon the writ of summons taken out against the defendants jointly and severally was as follows:

“1. The plaintiff is and was at all material times a customer of the defendant Bank and operates savings account No. 2669 at the defendant’s Calabar Road Branch. Calabar within the jurisdiction of this Honourable court.

2. On the 25th day of July, 1986, the plaintiff duly completed all normal withdrawal formalities for the purpose and intent of withdrawing the sum of N 16,000.00 (Sixteen Thousand Naira) from her said account, but the defendant wrongfully and in breach of contract refused demands and despite further, the fact that her aforesaid account was fully in credit.
3. Further, the defendants in breach of their duty of secrecy as bankers and in breach of their fiduciary relationship with the plaintiff as customer wrongfully and maliciously proceeded to make available or show to one Mrs. Victoria Okon (the plaintiff’s employer at the material time) the plaintiff’s passbook/statement of account completed withdrawal forms and photograph, falsely implying and/or suggesting thereby that the money in plaintiffs said account was improperly obtained.
4. By reason of the matters in paragraph 3 hereof, which were without the consent, authority or knowledge of the plaintiff, the plaintiff’s said employer terminated the plaintiff’s employment on or about the 31st day of July, 1986.
5. By reason of these premises the plaintiff has been greatly inconvenienced and embarrassed and has suffered loss and damage.

WHEREOF the plaintiff claims against the defendants, jointly and severally, and on the footing of aggravated damages as follows:

(a) N 100,000.00 (Hundred Thousand Naira) general damages for breach of duty or negligence. Alternatively:

N 100,000.00 (Hundred Thousand Naira) general damages for breach of contract or for inducing breach of contract.”

Later in the proceedings, pleadings were ordered, filed and exchanged. It will appear from the pleadings and evidence led at the trial that the case of the plaintiff may be put thus:

From 1980 the plaintiff was an employee of Mrs Victoria Edet Ok on who is the owner of proprietor of Incan Supermarket situate and lying at No. 83 Edgerton Street, Calabar. The plaintiff from about 24 November, 1981 opened an account with the United Bank for Africa, Calabar Branch along Calabar Road. This Account is a Savings Account and it is a transaction that occurred in respect of the withdrawal of the sum of N16, 000.00 (Sixteen Thousand Naira) from the said account that would appear to have provoked the incident that led to this case.

On the 25th July, 1986, the plaintiff claimed that she went to the Calabar branch of the UBA where she had account to withdraw the sum of N16.000.00 from her savings account. For this purpose she filled a form for the withdrawal of the said sum and which she presented with her passbook to the Cashier No.3 in the bank. She was then given a tally No. 15 and her passport photograph was taken.

The plaintiff claimed that after she had presented the withdrawal form, the cashier told her that she should wait until the 2nd defendant signed the form for payment. The 2nd defendant was according to the plaintiff, the manager of the said branch of the 1st defendant. Plaintiff then claimed that after she had waited for sometime, the accountant of the bank who in this case gave evidence as DW2, informed her that she should go and come back at 12 noon. Plaintiff claimed that she refused to go and that while she was waiting, she noticed that the 2nd defendant telephoned her employer, Mrs Victoria Okon. Soon after the call was made, Mrs Victoria Okon came into the premises of the Bank and marched her to the office of the 2nd defendant. In the office of the 2nd defendant, plaintiff claimed that the said Mrs V. Okon scolded her. In the course of that, the 2nd defendant, sent DW2 to bring the file, passbook, and withdrawal form relevant to her account with the bank. In her presence. Mr. M.M. Essien brought the documents. After the documents were so brought, the plaintiff claimed that Mrs Okon and the 2nd defendant then asked that the money standing in her account, then N24,000.00 be split into two half to be given to Mrs Okon her employer. The plaintiff claimed that she refused to agree to this suggestion.

It will appear from the evidence that followed, that after the plaintiff refused to divide the money as suggested Mrs Okon, her employer left the scene as the evidence of the plaintiff read thus:

“I told them that Chief Andem Orok Nyong at Akpabuyo had the money and that it was family money. She said I was lying that I should submit a list of what I was using the money for and I said it was for purchase of materials to put up a building. The second defendant said I should go and Victoria Okon and if she said I was a thief I should accept. Victoria left me with the second defendant and went to her work at 83 Egerton Street, Calabar. At close of work, 2nd defendant took me round the Bank hall in the presence of the customers to the person who gave me the tally number and there abuses me calling me a thief of Victoria’s money. I was very angry and I reported the incident to the firm of Okoi Ita & Co. Solicitors.”

The solicitors thereafter apparently, wrote a note of letter to the 2nd defendant that she should be paid the sum she requested for by 11a.m. on 28th July, 1986. Before the money was paid, the plaintiff claimed that the 2nd defendant directed her to close her account with the bank but that she resisted the suggestion and told the 2nd defendant that she would do so only on the advice of her solicitors.

The plaintiff further claimed that she was paid the sum requested by her by 3 p.m. on the 28th July, 1986 and then on 31st July, 1986 her employer, Mrs Okon gave her a letter terminating her employment with her. Between 25th and 31st July, 1986, the plaintiff claimed that 2nd defendant and Mrs Okon, her employer, being like David and Jonathan were seen together in the Super Market where she worked. It is for this reason, namely, the fact that, she claimed, in the Banking Hall, the 2nd defendant referred to her as a thief and later caused her to be removed from her employment that she had brought this action. Two other witnesses were called by the plaintiff, namely, Ene Adam Orok as PW2 and Clement Etim Okon PW3. These two witnesses whose evidence will be discussed fully in the course of this judgment gave evidence supportive of the case for the plaintiff.