DANIEL NSOFOR V THE STATE
June 10, 2025CHIEF JOSEPH ADOLO OKOTIE-EBOH VS CHIEF JAMES EBIOWO MANAGER
June 10, 2025Legalpedia Citation: (2004) Legalpedia (SC) 31741
In the Supreme Court of Nigeria
Fri Dec 10, 2004
Suit Number: SC. 286/2002
CORAM
OMO – JUSTICE, SUPREME COURT
ALOYSIUS IYORGYER KASTINA-AL, , JUSTICE, SUPREME COURT
IGNATIUS CHUKWUDI PATS-ACHOLONU, JUSTICE, SUPREME COURT
PARTIES
1 SOCIETE BANCAERE (NIGERIA) LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent claimed that the appellant was negligent in allowing a 3rd party to open an account through which she was defrauded.
HELD
The court held that the action relates to banking and that the state high court had no jurisdiction.
ISSUES
Whether the Court of Appeal was right in holding that the High Court of Lagos state has Jurisdiction over this action being an action which raises an issue of negligence in the ordinary course of banking practice and business only and not relating to any matter of fiscal measure or revenue of the Federal Government.
RATIONES DECIDENDI
CASES CITED
1. N.D.I.C. V. Okem Ent. Ltd. (2004) 4 SCM, 109; (2004)10 N.W.L.R at 880 p. 107
2. Donoghue V. Stevenson (1932) A.C. 562 at 581
3. Dorset Yatch Co. Ltd, V. Home Office ,(1970) A. C. 1004 at 1052
4. Trade Bank P.l.c V. Benilux Ltd. (2003) 9 N.W.L.R at 826 pg 416; (2003) 7 SCM, 167
5. Dominion Trust Ltd V. Kirkwood (1966) 1 All. ER, 968 at 986
STATUTES REFERRED TO
None
