S. O. AKINSETE VS EMMANUEL AKINDUTIRE
September 2, 2025A.C.E. JIMONA LTD VS NIGERIAN ELECTRICAL CONTRACTING CO.LTD
September 2, 2025Legalpedia Citation: (1966-05) Legalpedia 99054 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Wed May 25, 1966
Suit Number: SC 576/1964
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
BAIRAMIAN JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
PARTIES
AGBONMABGE BANK LTD
APPELLANTS
C.F.A.O
RESPONDENTS
AREA(S) OF LAW
Law of Banking- Customers and Bankers Relation-Negligence-Duty of Care
SUMMARY OF FACTS
The C.F.A.O. had a customer by the name of Esther AbiolaAmushan, who gave the company a number of cheques on the Agbonmagbe Bank’s Branch at Shagamu between the 7th August, 1957 and the 5th October, 1957 amounting to £10,197 -8s-4d; the company handed the cheques to the Bank of West Africa Ltd., for collection, and this Bank sent them to the headquarters of the Agbonmagbe Bank at Ebute Meta, which returned the cheques dishonoured on the 10th October, 1957 in a bunch.
HELD
That the Bank had a duty of care towards the C.F.A.O. and was liable for damage caused by its negligence.
ISSUES
1. Whether the judgement against Mrs. Amushan was a bar to a suit against the Bank;
2. Whether the Bank had no duty of care to the C.F.A.O.
RATIONES DECIDENDI
NATURE OF A CHEQUENATURE OF A CHEQUE
A banker is ordinarily not liable to the payee of a cheque for non-payment of the cheque: a cheque is not an assignment of debt in English law.’ Per Bairamian, J.S.C
CASES CITED
Donoghue v Stevenson [1932] A.C. 562
Schroeder v Central Bank of London.Ltd. (1876) 34 L.T.R. (N.S.) [735]
Hedley Byrne & Co. Ltd. v Heller &Partners Ltd. [1964] A.C
STATUTES REFERRED TO
Not Available
