CaseLaw
Mainstreet Bank Ltd. & Anor. Vs. Dominic Binna (2016) CLR 2(i) (SC)
Judgement delivered on February 12th 2016
SC.148/2010
Brief
Facts
The respondent herein in 1999 applied for a short-term loan of N 20,000.00 (Twenty Thousand Naira Only) from the 1st appellant (then Afribank Nig.Plc) to pay his children’s school fees. The loan facility was guaranteed by his employer, being the Federal Ministry of Industries and was paid back from his salary account with the 1st appellant.
In the year 2000, the 1st appellant directed its customers, including those from the respondent’s office to move their banking transactions to its new branch at Area 7 Garki, Abuja due to a large increase in its customer base.
According to the respondent, customers were subsequently advised to continue using their cheque books from the main branch till new ones were issued. Hence; his salary was paid into the new branch at Area 7 while the old account was still in operation.
In 2002, a cheque of N 9,000.00(Nine Thousand Naria Only) was presented by the respondent to the Jos branch of the bank drawn on his old account at the Abuja main branch. Thus, the cheque was sent from Jos branch to Abuja branch were it was lodged into his account and given value for after it was verified.
At about two years, the 2nd appellant resumed as a new credit officer with the bank. He carried out a review of all accounts in his portfolio and made some observations leading to a follow up with one Mahmood Yusuf who was a new branch manager at the Abuja main branch. They wrote a letter to the Federal Ministry of Industries on behalf of the 1st appellant notifying them of the indebtedness of the respondent and seeking cooperation in recovering same.
The respondent alleged that this defamatory letter got to the management which led to the in-depth investigation of his official and private life; resulting in the suspension of his promotions.
He therefore instituted a suit against the appellants (including Mahmood Yusuf now deceased) for damages and injunction.
Dissatisfied, the appellant appealed to the Court of Appeal which dismissed the appeal. Hence, a further appeal to the Supreme Court.