CHIEF FESTUS SUNMOLA YESUFU V AFRICAN CONTINENTAL BANK LTD

CORAM

DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>

MOHAMMED BELLO, JUSTICE, SUPREME COURT

KAYODE ESO, JUSTICE, SUPREME COURT

AUGUSTINE NNAMANI, JUSTICE, SUPREME COURT

PARTIES

CHIEF FESTUS SUNMOLA YESUFU APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant sought an application for extension of time to cross appeal on the grounds that it was discovered that his former counsel refused to do so despite his instruction to that effect. The proposed cross appeal raises the issue whether or not a demand must be made before the court can compel a bank to pay its customer’s money.

HELD

The court allowed the appeal and held that the court of appeal ought to have granted the appellant extension of time to cross appeal.

ISSUES

Whether the learned trial judge was right in his interpretation of section 324(2) (f) of the Criminal Code of Western Nigeria, that a bank manager who gives an overdraft to a customer without the previous approval of his directors steals the bank’s money;

Whether the bank’s customer who draws a cheque for an overdraft without the previous approval of the directors and gets the money, steals that money.

RATIONES DECIDENDI

1.CONDITIONS FOR GRANTING APPLICATION FOR EXTENSION OF TIME TO APPEAL

The conditions to be satisfied before the court can exercise its discretion in favour of an applicant are –
1, Good and substantial reasons for failure to appeal within the prescribed period; and
2,. Grounds of appeal which prima facie show good cause why the appeal should be heard- Wali J.S.C.

2. INTERFERENCE OF APPELLATE COURT WITH EXERCISE OF JUDICIAL DISCRETION

It is trite that to grant or refuse an application for enlargement of time within which to appeal is an exercise of judicial discretion by the Court and that an appellate court is always slow to interfere with the exercise of such discretion when it is so exercised.– Wali J.S.C