KEHINDE SANNI (MOGAJI AGUNBIADE) VS AMOLE OGUNBUNMI AND ORS
August 29, 2025L.A. ARE VS ADISA AND NIGERIAN HOUSING DEVELOPMENT SOCIETY LTD
August 29, 2025BANK OF AMERICA (NATIONAL TRUST AND SAVINGS ASSOCIATION VS NIGERIAN TRAVEL AGENCIES LIMITED
Legalpedia Citation: (1967-05) Legalpedia 10736 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Wed May 10, 1967
Suit Number: SC 407/1965
CORAM
BRETT JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
APPELLANTS
NIGERIAN TRAVEL AGENCIES LTD
RESPONDENTS
AREA(S) OF LAW
LAW OF BANKING, CRIMINAL LAW- FORGERY
SUMMARY OF FACTS
Two directors of the respondent whose authority to sign cheques on behalf of the company had been withdrawn, signed cheques on behalf of the company for the benefit of one of them.
HELD
The court held that the respondent was not liable to pay on the cheques as they were forgeries.
ISSUES
Whether the learned judge of appeal was right to hold that the cheques were forged and that the respondent established the defence under section 24 of the Bills of Exchange Act.
RATIONES DECIDENDI
WHAT CONSTITUTES FORGERY OF A CHEQUE
‘A document or writing is said to be false if the whole or some material part of the document or writing purports to be made by or on behalf of some person who did not make it or authorise it to be made, or if, in a case where the time or place of making is material, although the document or writing is made by or by the authority of the person by whom it purports to be made, it is with fraudulent Intent falsely dated as to the time or place of making.’ Per Lewis J.S.C
CASES CITED
Morison v. London County and Westminster Bank Limited [1914]3 K. B. 356
STATUTES REFERRED TO
1. The Criminal Code
2. The Bills of Exchange Act
