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CORAM

IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT

ANIAGOLU,JUSTICE, SUPREME COURT

IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT

EMANUEL OBIOMA OGWUEGBU JUSTICE, SUPREME COURT

YEKINI OLAYIWOLA ADIO JUSTICE, SUPREME COURT

ANTHONY IKECHUKWU IGUH JUSTICE, SUPREME COURT (Read the Leading Judgment)

IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT

EMANUEL OBIOMA OGWUEGBU JUSTICE, SUPREME COURT

IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT

EMANUEL OBIOMA OGWUEGBU JUSTICE, SUPREME COURT

YEKINI OLAYIWOLA ADIO JUSTICE, SUPREME COURT

IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT

EMANUEL OBIOMA OGWUEGBU JUSTICE, SUPREME COURT

IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT

PARTIES

ALHAJI AMINU ISHOLA APPELLANTS

SOCIETE GENERALE BANK (NIG.) LIMITED

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff instituted an action against the defendant claiming, The sum of One Hundred and Fifty-Four Thousand, Three hundred and fifty-seven Naira, Fourteen Kobo (154,357.14k) being the principal Overdraft, plus accumulated interests and other Bank charges.

HELD

In the final result, both the appeal and cross-appeal fail and are hereby dismissed. Each party will bear his/its own costs and, accordingly, there will be no order as to costs. ?

ISSUES

1.whether the Court of Appeal was right in affirming the decision of the trial court to the effect that the cross-appellant did not establish his entitlement to the various interest claimed by credible evidence.?

2.Whether the present suit is caught by the provisions of the Limitation Act, 1623.?

RATIONES DECIDENDI

WHEN DEBT IS REPAYABLE

Generally, a debt is repayable either on demand, or on notice given or upon any other condition agreed upon by the parties. PER IGUH, JSC

FUNCTION OF REPLY IN PLEADINGS

It cannot be over-emphasised that the proper function of a reply in the settlement of pleading is to raise in answer to the defence, any matter which, to be admissible in evidence, must be specifically pleaded, or which makes the defence not maintainable or which otherwise might take the defence by surprise or, where because of the defence fled, the plaintiff proposes to lead evidence in rebuttal or to raise issues of fact not arising out of the two previous pleadings. PER IGUH, JSC

PROOF OF PAYMENT OF MONEY

A bank teller, duly stamped with the official stamp of the bank and properly initialled by the cashier, constitutes prima facie proof of payment of the sum of money therein indicated and a customer after producing such a receipt needs not prove more unless the payment is being seriously challenged. PER IGUH, JSC

CASES CITED

R. v. Canterbury (Archbishop) 28L.J.Q.B.154 Oghunyiya and others v. Okudo and others (1978) 3 LRN 318 at 327Lloyds Bank Ltd. v. Margolis and others (1954) 1 All E.R. 734 at 748Joachimson v. Swiss Bank Corporation (1921) All E.R. 92Angyu v. Malami (1992) 9 NWLR (Pt. 264) 242Kate Enterprises Ltd. v. Daewood (Nig.)Ltd. (1985) 2 NWLR (Pt.5) 116Cuthbert v. Robarts Lubbock and Co (1909) 2 Ch. 226 at 233. A.C.B. Ltd. v. Egbunike and Another (1988) 4 NWLR (Pt.88) 350 at 365.

STATUTES REFERRED TO

Constitution of Nigeria, 1979

CLICK HERE TO READ FULL JUDGMENT

May 19, 2025

ISHOLA V. SOCIETE GENERALE BANK (NIG.) LIMITED

Legalpedia Citation: (2012) Legalpedia (SC) 84219 In the Supreme Court of Nigeria Fri Feb 10, 2012 Suit Number: SC.30/1994. CORAM IDRIS LEGBO KUTIGI JUSTICE, SUPREME COURT IDRIS […]