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CHIEF VICTOR NDOMA-EGBA V. AFRICAN CONTINENTAL BANK PLC

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CHIEF VICTOR NDOMA-EGBA V. AFRICAN CONTINENTAL BANK PLC

Legalpedia Citation: (2005) Legalpedia (SC) 59114

In the Supreme Court of Nigeria

Fri Jul 15, 2005

Suit Number: SC. 40/2001

CORAM


SYLVESTER UMARU ONU JUSTICE, SUPREME COURT

IGNATIUS CHUKWUDI PATS-ACHOLONU JUSTICE, SUPREME COURT

SONTOYE DENTON-WEST    JUSTICE, COURT OF APPEAL OF NIGERIA


PARTIES


CHIEF VICTOR NDOMA-EGBA APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The defendant paid out several monies belonging to a law firm on the signature of one of the partners without adhering to the mandate given to it by the firm.


HELD


The court held that the action which was based on negligence of the defendant who paid out money from the plaintiffs account without adhering to the plaintiffs mandate had been proved.


ISSUES


1. Were their Lordships right in holding that the appellant did not prove that P.W. 1s signature on exhibits 2, 3 and 4 were forged?2. Were their Lordships right in holding that the appellant as plaintiff were (sic) estopped from raising the issue of forgery?3. Were the withdrawals from the appellant’s account lawful and was the award of damages by the trial court justified?


RATIONES DECIDENDI


CASES CITED


1. Nwobodo V. Onoh [1984] All N.L.R. 1 at 772. Omoboriowo V. Ajasin [1984] All N.L.R. 105 at 1103. Muhammadu Durimi-niya V. Commissioner of Police [1961] N.R.N.L.R. 704. Catlin V. Cyprus Finance Corpo-ration (London) Ltd. [1983] 1 All ER 809 at 8165. PladeBank V. Bank of Liverpool [1896] 1 Q.B. 76. Akinola V. Oluwo [1962] 1 All NLR 224;7. Akinloye V. Eyiyola [1968] N.M.L.R. 92. I


STATUTES REFERRED TO


1. The Bills of Exchange Act, 18822. The Evidence Act


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