CaseLaw
The brief facts of the case are that the respondents filed a suit at the lower court against the appellant to contest the correctness and accuracy of the current account No. 6011407698/6011408507 it operated with the appellant's branch at Dugbe J. Allen area of Ibadan. 1st respondent disputed the entries posted in the account as a result of which it commissioned audit firms to scrutinize the account and reconcile it with prevailing subsisting terms and conditions of the contract. It is agreed by both parties that the 1st respondent took overdraft loan facilities from the appellant and executed a mortgage deed using the properties of the 2nd respondent as collateral to secure the said overdraft/loan. The respondents claimed that their account was manipulated and overcharged through:
These discrepancies and unwarranted charges in the respondents' account resulted in a dispute between the parties. Meetings were held between them to resolve the dispute and reconcile the account. The respondents employed the services of experts to prepare exhibit B which is the report of bank charges audit from November, 2000 to August 2004 the period covered by the disputed entries. The appellant provided exhibit A (respondent's statement of account) from which all the wrong and unwarranted charges were discovered as being contrary to the interest rates chargeable and as regulated statutorily by the Central Bank of Nigeria. The appellant admitted making some mistakes but claimed to have corrected them. The appellant also made some reversals in their entries in exhibit A. The learned trial Judge was meticulous in sifting the entries and guided by evidence placed before him came to the conclusion that the respondents case succeeded in part.
The appellant being dissatisfied with the judgment has filed this appeal.