United Bank For Africa PLC V. MR. Zeletus Joel Pel (2017) LLJR-CA - LawGlobal Hub
United Bank For Africa PLC V. MR. Zeletus Joel Pel (2017) LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL ADAMU JAURO, J. C. A. (Delivering the Leading Judgment) The appeal herein is against the decision of the Plateau State High Court of Justice presided over by Hon. Justice D. D. Longji delivered on 21st November, 2014 in Suit […]
United Bank For Africa PLC V. MR. Zeletus Joel Pel (2017)LawGlobal-Hub Lead Judgment Report – COURT OF APPEALADAMU JAURO, J. C. A. (Delivering the Leading Judgment)The appeal herein is against the decision of the Plateau State High Court of Justice presided over by Hon. Justice D. D. Longji delivered on 21st November, 2014 in Suit No. PLD/BL32/2013. ?In a brief summary, the facts of the case as pleaded by the plaintiff now respondent before the lower Court was that, the respondent is a customer of the appellant with savings Account No. 2056354508. The respondent alleged to have opened the said account on the 23rd November, 2011 with opening balance of N160,000. 00 at the appellant?s Bokkos branch. Subsequent lodgments of the sum of N34,000. 00, N30,000. 00 and N226,000. 00 were said to have been made by the respondent in the said account at different occasions and he never made any withdrawal from his deposit until in March, 2012 when he needed to withdraw N400,000. 00 from the ledger balance of N450,000. 00 where he was informed by the appellant’s Bokkos Branch that the account was empty. The respondent stated that he made several demands for the refund of his money, including the request from his solicitor but to no avail. Aggrieved with1the action of the appellant, the respondent instituted this action before the lower Court and claimed for the following reliefs:“(a) The refund of the sum of N420,000. 00 (Four Hundred and Twenty Thousand Naira) being principal sum lodged with the defendant. (b) An order that the defendant pays 10% monthly interest on 420,000. 00 (Four Hundred and Twenty Thousand Naira) from March, 2012 until judgment is settled and thereafter, 10% monthly interest on judgment sum until full and final satisfaction. (c) Special Damages of N287,000. 00 (Two Hundred and Eighty seven Thousand Naira) being cost of legal fees incurred as a result of engaging his solicitors to recover his legitimate earnings. (d) General and exemplary Damages of N7,000,000,00 (Seven Million Naira) for loss of earnings, reputation psychological turmoil and unnecessary pressure placed on plaintiff as a result of the gross negligence and breach of trust exhibited by the defendant in handling the affairs of the plaintiff as it relates to the Banker/ Customer relationship. (e) Cost of this suit as assessed. ”See pages 10 to 16 of the record of appeal. In its statement of defence2