United Bank For Africa PLC V.mrs. Mary Alex Osok (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL OBI ELECHI J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the High Court of Cross River State, Holden at Ikom and delivered by His Lordship Hon. Justice B. T. Ebuta on the 17th day of January, 2014.

STATEMENT OF FACTS

2.1 “The story of the Respondent is that she opened a current account with the Defendant on the 10th day of July, 2007 into which a cheque valued N4,005,000.00 was lodge on her behalf by one Mr. Ateke. The money was the value of land leased to MTN NIG. Communications Ltd for the purpose building a mast.

2.2 She claimed that her Account Officer detached 8 Leave of the cheque book issued to her by the Defendant and that she was told that the Leaves were detached during the proceeding of her account and that there was no course for alarm. She, however, listed nine detached cheque Leaves in paragraph 6 of the Amended Statement of Claim including cheque leaf No. 82514006.

2.3 The Respondent who claimed to be an illiterate averred that after the issuance of the cheque book she never withdraw or used her account except to pay in money on four occasions. These lodgments

according to her brought the total sum in her account to N9,010,000.00.

2.4 She specifically pleaded that on 21/1/08, the Appellant withdrew the sum of N1m from her account vide cheque leaf No. 825114006. This was in spite of the fact that she had custody of the said cheque leaf. See paragraph 6a of the amended Statement of claim.

2.5 She alleged that she went to withdraw money for the first time in December, 2008, that is more than one and half years after opening the account, and she was told by a new account officer that she had no money in her account. That the shocking news, caused her to fall sick and only recovered two months after. She was thereafter advised by her brother-in-law to apply for her Statement of account and brief a Lawyer. This was about 16 months after she had allegedly been told that she had no money in her account even though her account was opened in Ikom branch in Cross River State.

2.6 Under cross Examination the Respondent admitted signing all the instruments used for withdrawing money from her account except cheque leaf No. 82514007 for N2m. She made several other admissions and statements under cross Examination

making her claim more like “a tale bold by an idiot signifying nothing” (Apologies to Shakespeare) this resulted in the trial Judge making a finding of fact in the Judgment that she was a liar whose conduct is reprehensible.

2.7 The Appellant filed a defence and called two witnesses denying all the allegations of the claimant and stating without equivocation that the claimant operated her account and withdrew the money she lodged therein.

2.8 On 17/1/14, the Learned trial Judge entered Judgment for the Claimant and ordered the Appellant to refund N9,010,00.00 which she allegedly paid into her account with N100,000.00 cost of action. It is against the said Judgment that the Appellant has appealed to this honourable Court.”

ISSUE FOR DETERMINATION