ALHAJI JAMIU OLOKOTINTIN VS SAADU SARUMI
June 18, 2025BANK OF BARODA V. IYALABANI COMPANY LIMITED
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 09184
In the Supreme Court of Nigeria
Thu Jul 11, 2002
Suit Number: SC. 109/1998
CORAM
MUHAMMADU LAWAL UWAIS, CHIEF JUSTICE, NIGERIA
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
HASTON (NIGERIA) LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The chairman of the appellant instituted action in the appellant’s name against the respondent for paying on forged cheques in the appellant’s account in respect of which he was the sole signatory.
HELD
The court held that the action was properly instituted by the chairman in the name of the company
ISSUES
1. Whether the Appellant’s suit was a nullity;2. Whether there did not exist a relationship between the Appellant as customer with the Respondent as banker; and3. Whether the Appellant was not entitled to the damages awarded by the trial court.
RATIONES DECIDENDI
WHO IS THE PROPER PLAINTIFF IN AN ACTION FOR A WRONG DONE TO THE COMPANY
It has been the rule for a long time now since Foss v. Harbottle (supra) was decided that the proper plaintiff in an action for a wrong done to a company is the company itself.. – Ogundare J.S.C
DUTY ON BANK TO SEND STATEMENT OF ACCOUNT TO THE CUSTOMER
In a banker/customer relationship, it is the duty of the banker to send statements of account to the customer at regular interval as may be agreed upon by the parties agent- Ogundare J.S.C.
CASES CITED
Yesufu v. A.C B. (1981) 1 Sc 74, 98-99;Balogun v. N.B.N. (1978) 3 SC 155, 163-164.P. Z & Co. Ltd v. Ogedengbe (1972) ANLR 206Ejekam & Ors. v. Davon Industries Ltd. (1998) 1 NWLREmegokwue v. Okadigbo (1973) 4 S.C. 113Foss v. Harbottle (1843) 2 Hare 461
STATUTES REFERRED TO
The Companies And Allied Matters Act?
