Yakub Dauda Esq. V. Access Bank PLC (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment)

This is an appeal filed by the Appellant herein who was the Claimant at the trial Court against the decision of the High Court of Kwara State. The said judgment which could be found at pages 241 – 276 of the record was delivered on 24th February, 2015.

In the said judgment the trial Court refused all the reliefs sought by the Appellant. Dissatisfied with the judgment, the Appellant filed a Notice of Appeal containing nine grounds of appeal against same. The said notice of appeal is at pages 277 – 288 of the record.

The Appellant who is a legal practitioner operates an account with the Respondent. The account was known as Intercontinental Premium Savings Account (IPSA) before the Respondent took over the defunct Intercontinental Bank and the account became known as Access Premium Savings Account (APSA).

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The Appellant on 15th day of March, 2013 issued a cheque with No. 00000380 to Alhaji Abdulazeez Oloriegbe who testified before the trial Court as CW1. The amount covered by the cheque is Seven hundred and fifty thousand naira (N750,000.00). The cheque was tendered and

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admitted at the trial as Exhibit A.

The cheque was presented by CW1 on the 18th February, 2013 for encashment but dishonoured. On 19th March, 2013 the Appellant and CW1 went to the bank and represented the cheque, yet the cheque was dishonoured and the Appellant and CW1 were asked to represent the cheque next day, 20th of March, 2013.

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As directed by the Respondent official, the cheque was represented on the 20th March, 2013 by CW1 and for 3rd time the cheque was dishonoured. The bone of contention in Appellant’s case is that he had a balance of N1,250,341.27 in his account as at 18th March, 2013 when CW1 presented Exhibit A (i.e. Appellant’s cheque) issued for N750,000.00 which cheque, according to the Appellant was wrongfully dishonoured by the Respondent. On the other hand, the Respondent’s contention is that the Appellant did not have the credit balance to accommodate the cheque. He was advised to apply for his statement of account for the period of 5th March, 2012 to 20th March, 2013 to appreciate double impactment of N782,500.00 in his account as a result of computer error which affected 214 accounts of which Appellant’s account was

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inclusive.

The Appellant applied for his statement of account but starting from 1st November, 2012 to 20th March, 2013. Upon receipt of the statement of account the Appellant affirmed he had sufficient fund to accommodate the cheque he issued to CW1. He wrote a letter to the Respondent showing his displeasure for dishonouring his cheque without any justification and made claims.