Facts:
The Claimants by a writ of summons and an amended statement of claim alleged that the Defendant [Polaris Bank Limited] was intentionally negligent in failing and/or refusing to honour and give value to a cheque drawn by the 1st Claimant – Biyi Concepts Ventures Limited in favour of the 2nd Claimant – Oluwabiyi Oluwakayode, who is also the 1st Claimant’s Managing Director/CEO. The Claimants for this reason took out an action, claiming against the Defendant the following reliefs:
i. An Order of the Court that the Defendant’s refusal to honour the First Claimant’s Skye Bank Plc (now Polaris Bank Limited) cheque with No.34265754 dated 19/02/2018 for the sum of ₦1,000,000.00 (One Million Naira) issued in favour of the Second Defendant amounts to breach of contract and liable in damages.
ii. An Order of the Court by way of damages from the Defendant for the sum of ₦100,000,000.00 (One Hundred Million Naira) being the damages caused to the Claimants for her intentional negligence, failure and or refusal to honour the First Claimant’s Skye Bank Plc (now Polaris Bank Limited) cheque with No.34265754 dated 19/02/2018 for the sum of ₦1,000,000.00 (One Million Naira) issued in favour of the Second Defendant notwithstanding having enough fund in the account to cover the amount on the cheque.
iii. Ten Million as general damages.
iv. Costs of this action.
The Defendants joined issues with the Claimants by filing their amended statement of defence. At the trial, the Claimants on the one hand, and the Defendant on the other hand, fielded one (1) witness. The 2nd Claimant, Oluwabiyi Oluwakayode testified as CW1, whilst one Arinze Ofoegbu who is the Operations Manager of the Defendant’s Bwari Branch testified as DW1.
Upon conclusion of trial, the trial judge gave judgment in favour of the Defendant.