United Bank Of Africa PLC V. Ibeh Esther Ogochukwu (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABIMBOLA OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the Lagos State High Court delivered on 13th January 2010, by Justice Ishola.

The suit in the lower court was commenced by a writ of summon whereas the Claimant/Respondent claimed inter alia;

“An order mandating the Defendant /Appellant to restitute to the Claimant/ Respondent’s account, the sum of N870,000 (Eight Hundred and Seventy thousand Naira) being the outstanding balance of N1.1m stolen or dishonesty appropriated from the Claimant/Respondent’s account by the account officer.”

The court after trial delivered judgment in favour of the Claimant/Respondent.

The fact of the case which flows from a customer /bank issues was that:

The Respondent was a savings account customer of the Appellant bank. On 20th March, 2002 she entered the Alaba Int’l Market branch of the Appellant to check her balance. There one Wale Ogundeinde, a staff of the bank talked her into off-loading his savings account into fixed deposit accounts that would “yield better returns”. The bank assigned one Mrs. Joan King to the Respondent as her account officer to manage the fixed deposit accounts for the Respondent.

The first complaint of the Respondent is that, her account officer borrowed money from her within the banking hall (when she came on a banking transaction)in the sum of N300, 000 with a promise to repay in a few weeks. When the Respondent demanded a refund of the money, the account officer claimed she had used it to open a fixed deposit account for her in the bank. Unknown to her this turned out to be false.

On the second incident, which involved the sum of N500,000, on 27th April 2003, her said account officer visited her at home to rejoice with her over her new born baby. Thereupon she informed the Respondent that she still had N500,000 lying idle in her savings account and advised the Respondent to open another fixed deposit account with it.

Since the Respondent could not come to the bank because she just newly put to bed, the account officer gave her a detached withdrawal slip to sign to enable her (the account officer) withdraw the money the following day, (28th April, 2003) to enable her use the withdrawn sum to open another fixed account for the Respondent. Unknown to her, the account officer withdrew the money and converted it to her own use.

Some weeks after the illegal conversion of N500,000, the account officer further informed the Respondent that she had restituted her account by using the money to open another fixed deposit account for her. The third and crucial event which brought the total to N1.1m involved another sum of N300,000.00. Upon the maturity of the first fixed deposit accounts of N300,000.00 and N200,000.00, the Respondent visited the Alaba Branch of the bank to roll over the money. Again the account officer accosted her at the banking hall for another financial assistance of N300,000 which the Respondent gave her.

Respondent discovered that she had been fleeced by her account officer with connivance of other inside staff she wrote a complaint to the bank (Exhibit D2). The Appellant investigated complaint and ordered the account officer to restitute the Respondent’s account. She was only able to pay back the sum of N230,000.00, before the Appellant quietly terminated her employment without resolving the issues.

The Respondent who was plaintiff in the lower court filed an action which was in her favour. The Appellant /defendant being dissatisfied filed an Amended Notice of Appeal dated 6th March 2012, and filed 7th March 2012 same was deemed properly filed on 10th November 2014 on five grounds.

The Appellant filed its Appellant’s brief dated 6/3/12 and filed on 7/5/12 same was deemed properly filed on 10/11/14, wherein he formulated 6 issues for determination, it was settled by H. NNAMEKA NUBIA ESQ. While, the Respondent’s briefs is dated and filed on 12/4/12, same was settled by chief Amos Ogbonnafa Esq. He also formulated 4 issues for determination.(From my observation, the issues of both parties are similar).