CORAM
IRIFEKE, JUSTICE, SUPREME COURT
ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT
PARTIES
ALHAJI AMINU ISHOLA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff instituted an action against the defendant claiming, The sum of One Hundred and Fifty-Four Thousand, Three hundred and fifty-seven Naira, Fourteen Kobo (154,357.14k) being the principal Overdraft, plus accumulated interests and other Bank charges.
HELD
In the final result, both the appeal and cross-appeal fail and are hereby dismissed. Each party will bear his/its own costs and, accordingly, there will be no order as to costs.
ISSUES
whether the Court of Appeal was right in affirming the decision of the trial court to the effect that the cross-appellant did not establish his entitlement to the various interest claimed by credible evidence.Whether the present suit is caught by the provisions of the Limitation Act, 1623.
RATIONES DECIDENDI
PROOF OF PAYMENT OF MONEY
A bank teller, duly stamped with the official stamp of the bank and properly initialled by the cashier, constitutes prima facie proof of payment of the sum of money therein indicated and a customer after producing such a receipt needs not prove more unless the payment is being seriously challenged. PER IGUH, JSC
WHEN DEBT IS REPAYABLE
Generally, a debt is repayable either on demand, or on notice given or upon any other condition agreed upon by the parties. PER IGUH, JSC
FUNCTION OF REPLY IN PLEADINGS
It cannot be over-emphasised that the proper function of a reply in the settlement of pleading is to raise in answer to the defence, any matter which, to be admissible in evidence, must be specifically pleaded, or which makes the defence not maintainable or which otherwise might take the defence by surprise or, where because of the defence fled, the plaintiff proposes to lead evidence in rebuttal or to raise issues of fact not arising out of the two previous pleadings. PER IGUH, JSC
CASES CITED
R. v. Canterbury (Archbishop) 28L.J.Q.B.154 Oghunyiya and others v. Okudo and others (1978) 3 LRN 318 at 327Lloyds Bank Ltd. v. Margolis and others (1954) 1 All E.R. 734 at 748Joachimson v. Swiss Bank Corporation (1921) All E.R. 92Angyu v. Malami (1992) 9 NWLR (Pt. 264) 242Kate Enterprises Ltd. v. Daewood (Nig.)Ltd. (1985) 2 NWLR (Pt.5) 116Cuthbert v. Robarts Lubbock and Co (1909) 2 Ch. 226 at 233. A.C.B. Ltd. v. Egbunike and Another (1988) 4 NWLR (Pt.88) 350 at 365.
STATUTES REFERRED TO
Constitution of Nigeria, 1979