POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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TITLE | MAIN ISSUES |
BANKING AND FINANCE LAW:- Banking practices – Recovery of loan by way of overdraft – | |
A.C.B. LTD V KOTUN
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BANKING AND FINANCE:- Banking practices – Recovery of loans due, demanded for but unpaid – Bank loan by way of overdraft facilities – Nature of evidence required to prove same – Where an illiterate involved in contract thereto – Duty on bank |
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BANKING AND FINANCE LAW:- Admissibility of Bank’s statement of account- Conditions precedent to admissibility of – Section 97 (2) (e) Evidence Act, 1990 -Requirement of BANKING AND FINANCE:- Admissibility – Secondary evidence of a Banker’s book-Admissibility of – Principles governing -Section 97 (1) (h), & (2) (e) Evidence Act, 1990 – Application thereof |
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BANKING AND FINANCE:- Banking practices – Bill of exchange – Meaning of under sections 2 and 3 of the Bills of Exchange Act, Cap. 21, LFN 1958 – Distinction between dishonor of bill of exchange and its under-payment – Implications for duty of a banker to give notice of a dishonor of a bill to his customer |
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BANKING AND FINANCE – BANKER-CUSTOMER RELATIONS: Privity of contract – Whether exists between sole signatory of account of incorporated company and bank – Where customer failed to deposit certificate of incorporation with the bank – Whether ground to deny signatory competence to institute the action in the name of the company |
BANKING AND FINANCE LAW:‑ Winding-up of bank – |
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ADEJUWON V. CO OPERATIVE BANK LIMITED(CA)
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BANKING AND FINANCE LAW:‑ Combination of accounts ‑ Right of Banker to combine customer’s accounts – Validity of- Limitation thereto
BANKING AND FINANCE LAW:‑ Combination of accounts ‑ Transfer of money from one customer’s account to another’s account ‑ Failure to obtain customer’s consent ‑ Whether vitiates transfer |
ADEPATE V. BABATUNDE AND ANOR. |
BANKING AND FINANCE LAW:- Banking practice – Recovery of credit facility – How treated |
ADEROGBA V. THE QUEEN | BANKING AND FINANCE – CRIMINAL PROSECUTION:- Bank cashier – prosecution for stealing of bank funds |
MONEY LENDER:- Bank – Whether a money-lender | |
ADIATU LADUNNI & ANOR. V. WEMA BANK LIMITED & ANOR. – COPY |
BANKING AND FINANCE LAW:- |
AGBONMAGBE BANK LTD V. C.F.A.O.
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BANKING AND FINANCE LAW:- Delay in returning dishonoured cheque by Bank – Effect
BANKING AND FINANCE LAW:- Negligence of Bank – Duty of care to non-customer – Whether banker can be liable to non-customer BANKING AND FINANCE LAW:- Payee of a cheque – Whether banker liable thereto for non-payment of cheque |
AHMADU DAN YAMUSA V. P.O OKOLO
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BANKING AND FINANCE LAW:- Branch manager of bank – Status of – Action of – Whether binding on bank BANKING AND FINANCE LAW:- Banking practices – Cheque drawn by customer on his bank- Who retains custody thereof after clearance – Legal implications |
AIC LIMITED V. THE FEDERAL GOVERNMENT OF NIGERIA
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BANKING AND FINANCE LAW:- Whether money in a bank account of a central bank [as a separate legal entity, belonging beneficially to the government of its state] are liable to execution if those moneys are used or intended for use for commercial purposes. |
AKILU V. FAWEHINMI (CA2)
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BANKING AND FINANCE LAW:– Documentary credit – Set-off – Claim by beneficiary of letter of credit – Whether bank can maintain set-off in answer to claim by beneficiary of letter of credit |
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BANKING AND FINANCE LAW:- Banker – Duty thereon to be cautious in making payments on customer’s account – Rationale
BANKING AND FINANCE LAW:– Banker/customer relationship – When banker may be liable for negligence to its customer BANKING AND FINANCE LAW:- Banker – Whether may be liable for negligence to a non-customer. |
ALIMS NIGERIA LIMITED V. UNITED BANK FOR AFRICA PLC |
BANKING AND FINANCE LAW:- Banking practices – recovery of debt –Refusal to release title deed of property used as security for loan after satisfaction of same – Attitude of court thereto |
ALLIED BANK OF (NIG) LTD V. AKUBUEZE(CA)
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BANKING AAND FINANCE LAW:-Banker/Customer relationship – Nature of -Guide to interpretation of BANKING AND FINANCE LAW:– Banker/Customer relationship – Nature of – When it turns to Debtor/Creditor relationship BANKING AND FINANCE LAW:-Banker/Customer relationship – Nature of- Wrongful dishonour by banker of customer’s cheque – Exemplary damages – Whether irrecoverable therefor BANKING AND FINANCE LAW:- Cheque – Cheque issued by customer – Obligation on banker to honour same – Where banker refuses its obligation – Effect |
AMALGAMATED INVESTMENT AND PROPERTY CO LTD (IN LIQUIDAZION) V. TEXAS COMMERCE INTERNATIONAL BANK LTD
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BANKING AND FINANCE LAW:- Banking practices – Two separate loan grants – Primary debtor acting as guarantor for subsidiary company abroad – Use of off-the-shelf entities or nominees abroad to grant loans guaranteed at home by way of property – Whether bank can appropriate surplus funds from sale of asset used as security by primary debtor to offset liability as guarantor due to shortfall from sale of assets of the nominee company |
ANYAKWO V. A.C.B. LTD
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BANKING AND FINANCE LAW:- Banking – Claims for money lent – Liability denied – Counter-claim – Special and General Damages for breach of contract -Witness for plaintiff knowing very little about case – Plaintiff non-suited |
APENE V. BARCLAYS BANK OF NIGERIA AND ANOTHER
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BANKING AND FINANCE LAW:- Overdraft facilities – Legal Mortgage of Property – Power of Sale under Mortgage Deed exercised – Writ of Summons to set aside sale – Issue of validity of Mortgage Deed raised for first time – How treated |
AREWA PAPER CONVERTERS LTD V. N.D.I.C. (NIG. UNIVERSAL BANK LTD.) |
BANKING AND FINANCE LAW: Banking practices – Recovery of loan due but unpaid – How treated |
BANKING AND FINANCE | |
ASSOCIATED DISCOUNT HOUSE LTD. V. AMALGAMATED TRUSTEES LTD |
BANKING AND FINANCE LAW:- Discount houses – Status of – Whether discount houses come under definition of financial institution defined in Banks and Other Financial Institutions Act |
ASTRO EXITO NAVEGACION SA V. SOUTHLAND ENTERPRISE CO LTD AND ANOTHER
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BANKING AND FINANCE:- Financing of a contract of sale – Duty to honour instruments – Letter of Credit in payment of purchase price – Failure of buyer to counter-sign Notice of readiness as required by terms of letter of credit – Whether entitles bank to refuse payment – Jurisdiction of Court to order buyer to sign notice of readiness by certain date failing which notice to be signed by Master –Whether notice of readiness executed by Master binding on parties other than buyer and seller – Whether bank obliged to accept notice of readiness countersigned by Master |
AUTO IMPORT EXPORT V. ADEBAYO
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BANKING AND FINANCE LAW – BILLS OF EXCHANGE:- Bills of exchange in Nigeria – Applicable law – Bills which carry endorsement “without recourse” – Legal status of BANKING AND FINANCE LAW – BILLS OF EXCHANGE:- Liability of guarantor of unpaid debt – Liability of drawer and acceptor of bills of exchange. |
B. LIGGETT (LIVERPOOL) LIMITED V. BARCLAYS BANK, LIMITED
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BANKING AND FINANCE LAW:- Banking Practices – Banker – Negligence – Cheques of Company to be signed by two Directors – Payment by Banker of Cheques signed by one Director – Cheques payable to Trade Creditors of Company – Liabilities of Company not increased by Payments – Banker entitled to stand in Place of Creditors |
B. VISINONI LIMITED AND OTHERS V. NATIONAL BANK OF NIGERIA LIMITED
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BANKER AND CUSTOMER RELATIONSHIP:- Dishonour of cheque -Insufficient funds in customer’s account – Customer, issued cheque on the strength of overdraft facilities purportedly granted to him by bank manager who lacked authority to grant same – Whether bank is liable |
BANKING – Effect of failure of bank to give notice of dishonour of cheque |
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BALOGUN V. NATIONAL BANK OF NIGERIA LTD
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BANKING AND FINANCE LAW:– Banking practices – Banker-Customer Relationship – Duty of bank to honour check – Failure to honour cheque in respect of an account that was in funds – Whether defamation actionable without proof of damages – Attitude of court thereto BANKING AND FINANCE LAW:– Banking practices – Banker-Customer Relationship – Wrongful dishonour of a customer’s check – Rule in Rolin V. Steward and Gibbon V. Westminster that only ‘traders’ are entitled to presumption of damages without proof of actual damage – Supreme Court restatement of the Rule as to cover ‘Persons in trade/Business’ BANKING AND FINANCE LAW:– Banking practices – Banker-Customer Relationship – The role or predominating business of a bank/banker – Receipt of money from or an account of his customer by a banker – Whether constitutes banker the debtor of the customer – Cheque drawn on the banker by the customer –Legal import of bank’s refusal/failure to honour check – Applicable Rules |
BANK OF AFRICA, LIMITED V. THE COLONIAL GOVERNMENT
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BANKING AND FINANCE LAW:- Banking practice – Bank – Head office and Branch offices – Actions deemed to be acts of bank pursuant to its objects – Interpretation of statute relating to a currency issuing bank |
BANK OF AMERICA (NATIONAL TRUST AND SAVINGS ASSOCIATION V. ALEXANDER |
BANKING AND FINANCE – BANKER-CUSTOMER RELATIONS:- Dishonour of customer’s check – When amounts to breach of contract |
BANKING AND FINANCE LAW:- Loan and overdraft facilities – When a contract thereto is deemed to exist – How treated | |
BANK OF THE NORTH LTD V. CENTRAL BANK OF NIGERIA
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BANKING AND FINANCE LAW:- Banking – Central Bank (Currency Conversion) Decree No 51 1967 Section I thereof – Application of Section 21 of Central Bank of Nigeria Act S.1(12) – Interpretation of Section 1(1)(6) of Decree 1967 – Effect |
BANK OF THE NORTH LTD. V. BALA YAU
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BANKING AND FINANCE LAW:– Bills of Exchange Act – sections 47,48,49 and 50(2) – Notice of dishonour of cheques – waiver of right to receive due notice – section 50(2)(b) of Bills of Exchange Act considered
BANKING AND FINANCE LAW:– Banking allowing a customer to draw on an uncleared cheque – Cheque subsequently dishonoured – Options open to bank. BANKING LAW:– Collecting bank – Whether can be equated with a creditor who has received negotiable instrument as payment of debt |
BANK OF THE NORTH LTD. V. MEMUDU ADIGUN ONIYO
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BANKING AND FINANCE:– Payment into a bank account – How proved – Ishola v. SGBN (1997) 2 NWLR (Pt. 488) 405 applied and followed – Whether the plaintiff discharged the onus to prove repayment of loan granted to them BANKING AND FINANCE:– Uncommunicated variations of interest rate payable on loan – Whether enforceable against the customer of a bank |
BANKING AND FINANCE:- Banking practices – Recovery of loan by way of overdraft – Action thereto | |
BARCLAYS BANK D.C.O. V. MEMUNATU HASSAN
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BANKING AND FINANCE LAW:- Banking practices – Overdraft — Principles guiding applicable rates of interest on overdraft — Whether receiving without protest regular Statement of Account showing rate of interest charged is deemed acceptance of that rate BANKING AND FINANCE LAW:- Mortgage – Equitable Mortgage – Specific performance – Whether a claim for the execution of a legal mortgage can be based on the execution of a memorandum of deposit of deeds |
BARCLAYS BANK LTD V. W J SIMMS SON AND COOKE (SOUTHERN) LTD AND ANOTHER
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BANKING AND FINANCE LAW:- Banking Practices – Cheque Clearance – Check stopped by drawer yet paid by bank due to oversight – Whether bank intended payee to have money at all events – Whether payment made for valuable consideration – Whether payee changing his position – Whether money recoverable from payee – Whether payee can invoke defence that he had been deprived of opportunity of giving notice of dishonour – Bills of Exchange Act 1882, s 50(2)(c). |
BARCLAYS BANK OF NIG. LTD. V. ABUBAKAR |
BANKING AND FINANCE LAW:- Bank Overdraft – Interest chargeable custom of Bankers – Express agreement on interest – Universal custom of Bankers |
BANKING AND FINANCE LAW:- Overdraft-Oral agreement to issue bankers drafts only upon money paid in – Signed request by defendant for drafts in excess of money paid in – Whether defendant liable for overdraft | |
BELOXXI & COMPANY LIMITED & ANOR V. SOUTH TRUST BANK & ORS. |
BANKING AND FINANCE LAW:– Banking practices – Recovery of loan – Claim of debtor that payment isn’t due – Where dismissed – Counter-claim of bank – Proper treatment of |
BIOSOLA NIGERIA LIMITED & ANOR V. MAINSTREET BANK LIMITED & ORS
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BANKING AND FINANCE LAW – BANKER-CUSTOMER RELATIONSHIP:- Whether customers are entitled to have their money back on demand – Existence of legally binding agreement between the parties to grant credit facilities – How determined |
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BANKING AND FINANCE LAW:- Cheque – Meaning of – Issuance of – Implications BANKING AND FINANCE LAW:- Dud cheque – Offence of issuing dud cheque -Ingredients of |
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