Zenith International Bank Limited V. Reuben Ulebe Alobu (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Hon. Justice C.C. Mbanugo of the Anambra State High Court delivered on 20/05/2009. The Appellant appealed to the Court of Appeal on 29/6/2009. The facts that led to this appeal are as follows:

By the statement of claim dated 27/1/2003 and filed on 29/1/2003, the Respondent claimed against the Appellant in the High Court as follows:

“19 WHEREFORE, the plaintiff claims from and against the defendant as follows:

(a) The sum of N2,000,000.00 being special and general damages for false imprisonment.

PARTICULARS OF SPECIAL DAMAGES

(1) Loss of earning for 6 days at N17,500 per day ? N105,000.00

(2) Medical bill for illness occasioned by the detention and beating at police cells at Okpoko and Ibadan = N35,000.00

(3) Money spent by the plaintiff to secure bail at the Police Station = N45,000.00.

(b) General damages = N1,815,000.00.”

The gist of the

Respondent’s case as Plaintiff at trial is that Respondent is the Chairman/Managing Director of Reufounds Ventures Nigeria Limited. The company maintained a current account with the Appellant’s branch at Onitsha and also with Citizens International Bank, with a branch at Onitsha.

The Respondent on 4/1/2002 on behalf of Reufounds Ventures Nigeria Limited raised a draft for the sum of N1,000,000.00 (One Million Naira) through the Citizens International Bank, Onitsha branch in favour of Exton Industries Limited, Ibadan for the supply of Matches to Reufounds Ventures Nigeria Limited.

Appellant’s Ibadan Branch on the presentation of the draft by the Officers of Exton Industries Limited dishonoured the draft and went further to complain to the Central Police Station Ibadan that the Respondent forged the bank draft.