The facts of this case were that the respondent filed an action against the appellant at the Lagos State High Court. The contention of the respondent was that it was a customer of the appellant’s Bode Thomas, Surulere branch, with a credit balance of about Eight Million Naira. The respondent contended that the appellant failed to honour various cheques issued by the respondent. It was also alleged that the appellant placed a restriction on the respondent’s account after deducting about N869, 541,24.00 (Eight Hundred and Sixty-Nine Thousand, Five Hundred and Forty-One Naira, Twenty-Four Kobo) from the said account. The trial court found that the appellant breached its duty of care to the respondent by not honouring its cheques and therefore gave judgment in favour of the respondent. The appellant being dissatisfied with the decision of the trial court, filed an appeal at the Court of Appeal, Lagos Division to challenge the judgment of the trial court.
Held: (Unanimously dismissing the appeal)