United Bank For Africa PLC V. Alhaji Abdulfatai Salman (2017) LLJR-CA - LawGlobal Hub
United Bank For Africa PLC V. Alhaji Abdulfatai Salman (2017) LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL CHIDI NWAOMA UWA, J. C. A. (Delivering the Leading Judgment) The appeal is against the judgment of the Kwara State High Court presided over by A. S. Oyinloye, J. delivered on the 25th day of January, 2017. The respondent as […]
United Bank For Africa PLC V. Alhaji Abdulfatai Salman (2017)LawGlobal-Hub Lead Judgment Report – COURT OF APPEALCHIDI NWAOMA UWA, J. C. A. (Delivering the Leading Judgment)The appeal is against the judgment of the Kwara State High Court presided over by A. S. Oyinloye, J. delivered on the 25th day of January, 2017. The respondent as claimant at the trial Court claimed against the appellant by a writ of summons taken out on the 19th day of July, 2013for the following reliefs:(1) ?A Declaration that the dishonor of the claimants withdrawal slip is null and void and a flagrant breach of the Defendant?s contractual duty to the claimant. (2) A sum of N5m (five Million Naira) only being the general damages for breach of contract, negligent (sic) and loss of reputation. ?The background facts are that the respondent operated the following accounts with the Appellant:(1) Current account with account number 1011721601 (Exhibit D1)(2) Loan account with account number 0055C100014988 (Exhibit D3A)(3) Savings account with account number 2052907171 (Exhibit D2)On the part of the Appellant, it was made out that the Respondent owed the Appellant in his Current and Loan Accounts but had money in1his savings Account. The Respondent in his pleadings at the trial Court made out that on 12th March, 2012, he wanted to withdraw the sum of N300,000. 00 (Three Hundred Thousand Naira) from his savings account but was not allowed by the Appellant. The respondent admitted having collected a loan of N3,710,000. 00 (Three Million Seven Hundred and Ten Thousand Naira) from the Appellant which he has not repaid and that as at 12/3/12 he was still owing the Appellant over N1m (One Million Naira) and had about N1,093,347. 50 in his savings account. The Appellant alleged that after the deduction of the respondent?s debt to the appellant, the respondent did not have upto a balance of N300,000. 00 (Three Hundred Thousand Naira) outstanding in his two accounts. Also, that the respondent had agreed to pay back N500,000. 00 (Five Hundred Thousand Naira) as part payment for the loan. At the close of the trial, judgment was given in favour of the Respondent with N500,000. 00 (Five Hundred Thousand Naira) awarded as general damages against the Appellant. The appellant was dissatisfied with the judgment of the trial Court, thus this appeal.