CORAM
CHRISTOPHER MITCHEL CHUKWUMA-ENEH JUSTICE SUPREME COURT.
U. A. KALGO
SAMSON ODEMWINGIE UWAIFO, JUSTICE SUPREME COURT
D. MUSDAPHER
ALOMA MARIAM MUKHTAR, JUSTICE, SUPREME COURT (Lead Judgment)
PARTIES
ALHAJI A OLALEKAN APPELLANTS
WEMA BANK PLC RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant, a customer of the Respondent Bank, placed the sum of N2,000.000.00 in a fixed deposit account with the Respondent. But the Respondent without instructions from the Appellant went ahead to de-fix the money and transfer same to other accounts of the Appellant with the Respondent to cover appellants’ indebtedness.
HELD
The Court held that the appeal lacked merit and that the lower court did not make findings contrary to the findings of the trial Court.
ISSUES
1. Whether the lower court was right to make findings contrary to the findings of the trial court which were not appealed against. 2. Whether the lower court gave a proper consideration to the Appellants’ complaint on the issue of estoppel.
RATIONES DECIDENDI
CASES CITED
1. Areabold Egba & Ors. V. Chief Warri Ogudo & Ors. (2000) 6 S.C. Part 1|2. Joe Iga & Ors. V. Ezekiel Amakiri & Ors. (1976) 11 S.C. 1 at 12 – 13
STATUTES REFERRED TO
NONE|