CaseLaw
Salami V. Savannah Bank (1989) CLR 4(d) (CA)
Judgement delivered on April 11th, 1989
Brief
Facts
Plaintiff was a customer of the defendant bank who issued two separate cheques N1,000.00 and N3,000.00 in favour of one Ladipo Sodeinde and and Alhaji Ileaje, respectively.
He later issued two other cheques for N2,000.00 and N1,000.00 in favour of Isiaka Ayodele. Bothe cheques were from his current account No. 074 with the defendant bank at Ijebu Igbo branch and all were dishonoured.
Plaintiff stated that the branch manager apologised to him for the error in dishonouring the cheques whereupon he asked for a written apology which was not forthcoming. He then instituted the action.
The above apology was denied by the bank and they stated that a friend of the plaintiff, was granted overdraft facilities by the bank to the tune of N5,000 for which the plaintiff stood guarantee and the condition precedent to the bank granting the facility was that the guarantor must have a current account with the bank and must be in funds to the tune of N5,000.00 so as to be able to support the overdraft.
The plaintiffs cheque was apparently dishonoured based on the fact that the cheques presented would have brought his account below the stipulated guarantor’s figure
The learned trial Judge found that the respondent was not liable and awarded damages of N100.00 in favour of the appellant.
Dissatisfied, plaintiff appealed to the Court of Appeal.
Issues
Whether there was preponderance of evidence from the...