POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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TITLE | MAIN ISSUES |
BANKING AND FINANCE LAW – BILLS OF EXCHANGE:- Bill of lading – Whether a negotiable instrument | |
BRITISH & FRENCH BANK V. OPALEYE
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BANKING AND FINANCE:- Customer relationship – How regulated BANKING – Customer having two accounts – Bank transferring funds from one account to another to reduce overdraft without consent of customer – Propriety of BANKING PRACTICE:- Customer having two separate accounts – One private, the other business – Bank transferring funds from one account to another without consent of customer – Whether permissible |
BRONIK MOTORS LTD. V. WEMA BANK LTD.
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BANKING AND FINANCE LAW – DEBTOR AND CREDITOR:- Banking practices – Recovery of loans – Liability of Guarantor of loan given to unincorporated entity – prosecution of a claim arising from a banking transaction between a banker and a customer on such matters as overdraft, dishonoured cheques, etc. – Proper forum/court for banking related legal action – Relevant considerations |
CHIEF DR. OLUSOLA SARAKI V. ALSTHOM S.A. AND SOCIETE GENERAL BANK OF NIGERIA |
BANKING AND FINANCE LAW: Banking practices – Foreign [dollar denominated] loan secured by an individual but guaranteed by Nigerian bank – Payment of loan by Nigerian bank – Failure of primary debtor to pay back to Nigerian bank – How treated |
CORPORATIVE & COMMERCE BANK PLC V. JONAH DAN OKORO EKPERI
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BANKING AND FINANCE:- Banking practices – Recovery of credit facilities extended to customer – Proof of the existence of mortgage as security for loan – Where there are multiple loan facilities – Need to determine which facility mortgage was taken out for specifically |
DANIEL ENYIM V. BANK OF BRITISH WEST AFRICA LTD |
BANKING AND FINANCE LAW: Banking practices |
DIAMOND BANK LIMITED V. GENERAL SECURITIES AND FINANCE COMPANY LTD. |
BANKING AND FINANCE LAW- DUTY OF CONFIDENTIALITY: Banker-Customer Relations – Duty of Bank not to divulge confidential information about its customer under certain circumstances – Exceptions – Conditions to be met for such a defence to be raised and upheld in a Court of law |
DIAMOND BANK LTD. V. PARTNERSHIP INVESTMENT CO. LTD & ANOR |
BANKING LAW – PAYMENT OF INTEREST:- Whether the pleadings and evidence led thereon was sufficient to sustain the award of interest in favour of the respondent |
BANKING AND FINANCE LAW:- International payments – Technology-enabled automatic transfer of funds – Whether a judicially noticed practice – Implication for proceedings relating to international technology-enabled fund transfers | |
EKULO FARMS LIMITED V. UNION BANK OF NIGERIA PLC. |
BANKING AND FINANCE: Banking practices – Recovery of loan |
BANKING AND FINANCE:- Banking Practices – | |
EUROPEAN ASIAN BANK AG V. PUNJAB AND SIND BANK
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BANKING AND FINANCE:- Documentary credit – Irrevocable credit – Duty of bank – Letter of credit required to be negotiated through defendant bank’s agent – Letter of credit in fact negotiated through plaintiff bank – Whether letter of credit permitting plaintiffs to act as negotiating bankers – Whether plaintiffs reasonably entitled to interpret letter of credit as authorising them to act as negotiating bankers – Whether defendants estopped from denying that plaintiffs authorised to negotiate letter of credit. |
BANKING AND FINANCE:- Title deeds -Failure of bank to return title deeds to customer upon liquidation of loan – Remedy open to customer
BANKING.- Loan recovery – Action for – Defence open to defendant |
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BANKING AND FINANCE – LOAN TRANSACTIONS:- |
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BANKING AND FINANCE:- Banker-customer relationship – Nature of – When creditor is entitled to sue on banker – Customer transaction. | |
FAAGOL INSTRUMENT LIMITED V. NATIONAL BANK OF NIGERIA LIMITED |
BANKING AND FINANCE LAW:- Rate of interest chargeable on overdraft and loan facilities where no express agreement was made |
FESTUS S. YESUFU V. AFRICAN CONTINENTAL BANK LTD
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BANKING AND FINANCE LAW:- Banking Practice – Discounting of Customer’s Bills of Lading by banker – Duty of discounting banker to credit Customer’s account with discounted value of the bills – Reversal of such credit entries by discounting bank – In what circumstances permissible.
BANKING AND FINANCE LAW:- Banker and customer relationship – Whether that of debtor and creditor – Current account – When a bank credits the current account of its customer with a certain sum – Whether bank becomes a debtor to the customer in that sum – When a bank debits the current account of its customer with a certain sum – Whether the customer becomes a debtor to the bank in that sum – Implication when a bank reverses a credit entry of a certain sum in the current account of its customer by debiting the account with the same sum |
FESTUS SUNMOLA YESUFU V. AFRICAN CONTINENTAL BANK LTD |
BANKING AND FINANCE:- Banking practices – Foreclosure of mortgaged property in satisfaction of customer debt – |
FIRST AFRICAN TRUST BANK LTD V. PARTNERSHIP INVESTMENT CO. LTD |
BANKING AND FINANCE LAW:- Banker/ customer relationship- When a bank is duty bound to honour cheques drawn on him by customer |
FIRST BANK OF NIGERIA PLC V. ALEXANDER N. OZOKWE
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BANKING AND FINANCE LAW:- Banking practices – Facilitation of international trade/imports – Money received as collecting banker pursuant to the satisfaction of the value on a Bill of Exchange – Where conditions precedent to the payment of money to drawer/exporter is not made – Where notice of repudiation of contract pursuant due to conditions precedent not made was communicated to collecting bank – Duty of collecting banker to drawee/importer – Whether can rely on a technical ground of not being a privy to the contract between drawer/exporter and drawee/importer to retain the money BANKING AND FINANCE LAW – BILL OF EXCHANGE:- Where not remitted due to failure of consideration – Repayment to drawee as money had and received – Whether based on currency and value disclosed on the Bill of Exchange or local currency and conversion rate at time of transaction |
FIRST BANK OF NIGERIA PLC V. MRS DIBO ABOKO
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BANKING AND FINANCE LAW: – Banking practices – Cheque clearance – Duties of banking officers entrusted therewith – Detection of fraud – Duty of bank leaders to detect same – attitude of courts thereto |
FIRST BANK OF NIGERIA PLC V. OBANDE OBEYA
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BANKING AND FINANCE LAW:- Recovery of loan by banker from customer BANKING AND FINANCE LAW:- Case arising from recovery of loan by banker from customer BANKING AND FINANCE LAW:- Banker amending pleadings to increase amount claimed and interest, facts and circumstances remaining the same |
FIRST NATIONAL SECURITIES LTD. V. JONES AND ANOTHER
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REAL ESTATE AND PROPERTY LAW: -Deed – Execution – Seal – Mortgage – Printed form described as legal charge – Document in form of deed with circle inscribed “L.S.” – Signature across circle – Document attested but no seal affixed or wafer – Whether due execution. |
GENERALE BANK NEDERLAND NV V. EXPORT CREDITS GUARANTEE DEPARTMENT |
BANKING AND FINANCE:- Banker’s guarantees issued by the Export Credits Guarantee Department (“ECGD”) – Allegation that guarantees were issued as part of a scheme to defraud the Bank – How treated |
BANKING AND FINANCE:- Banker-customer relations – Negligent misrepresentation on part of bank in relation to a bank reference – How proved | |
GROSS, EX PARTE KINGSTON |
BANKING AND FINANCE – SECURITIES FOR ADVANCES :- Banking practices – Banker’s Lien – Legal effect |
HABIB NIGERIA BANK LIMITED V. BENSON OCHETE GOMBA NWOLU
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BANKING AND FINANCE LAW:– Payment of a cheque for a personal account into a corporate account by a Bank without the authorisation of the accounts holder – Propriety of – Whether damages are awardable in favour of the customer of the bank |
HASSAN GARBA V. MUSA LAWAN BIRNIWA & ANOR.
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BANKING AND FINANCE:- Distressed bank cases involving the Nigeria Deposit Insurance Corporation (NDIC) as an agency of the Federal Government – Whether exclusively under the jurisdiction of the Federal High Court – Claim for declaration as to the illegality of a loan transaction involving an NDIC predecessor/defunct bank – How treated |
HEDLEY BYRNE AND CO. LTD. V. HELLER AND PARTNERS LTD.
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BANKING AND FINANCE LAW:- Banking practices – Reference by bankers – Careless misrepresentation – References not justified – Plaintiffs’ financial loss – Whether a special relationship creating a duty of care is thereby created – Whether action against bankers maintainable |
HIRAT ADERINSOLA BALOGUN V. NATIONAL BANK OF NIGERIA LTD.
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BANKING & FINANCE LAW:- Banking Transactions – Wrongful dishonour of cheque drawn on solicitor’s clients account – Difference between person in business’ and trader – Whether claimant entitled to substantial damage though not specifically pleaded |
BANKING AND FINANCE LAW:- Bank practices – 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 | |
HYDRO-TECH NIGERIA LTD & ANOR V. LEADWAY ASSURANCE CO. LTD & ORS |
BANKING AND FINANCE LAW – MORTGAGE – EQUITABLE MORTGAGE: How equitable mortgage can be created |
IKOMI V. BANK OF WEST AFRICA LTD
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BANKING AND FINANCE LAW:– Contract of Guarantee – Intending guarantor not asking about customer’s amount of overdraft – Whether there is no duty to volunteer information
BANKING AND FINANCE LAW:- Contract formation – Guarantee of current account – Consideration – Guarantor alleging mistake on his part – Where not misled by bank – When guarantor cannot plead non est factum and or hide under allegation that he did not read contract document |
IMB PLC V. COMRADE CYCLE CO. LTD.
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BANKING AND FINANCE LAW:- Banking practices – Recovery of loan – Where total sum disputed and a lower sum admitted by customer – Bank’s application for judgment in the sum admitted – Customer’s objection thereto in preference to judgment as full and final satisfaction of debt – How treated |
INTEGRATED DIMENSIONAL SYSTEMS LTD V. AFRICAN INTERNATIONAL BANK LTD
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BANKING AND FINANCE LAW:– Interest on credit facility – Specific provisions on rates of interest on a facility – Whether binding on a banker and a customer
BANKING AND FINANCE:– Interest on overdraft facilities – Express agreement between a banker and a customer – Effect of same on normal banking practice relating to charging of interest |
ISHOLA V. SOCIETE GENERALE BANK (NIG.) LIMITED
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BANKING AND FINANCE LAW:- Overdraft -Customer drawing more than amount in his account – Presumption raised thereby BANKING AND FINANCE LAW:- Overdraft – When repayable – When right of action to recover accrues BANKING AND FINANCE LAW:- Payment of money into Bank account – How proved |
BANKING AND FINANCE LAW:- Overdraft facility – Refusal by bank to allow customer to draw on overdraft account – Measure of damages recoverable | |
ISHOLA V. UNION BANK OF NIGERIA LIMITED
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BANKING AND FINANCE LAW:- Banker-Customer relations – Loan granted by way of overdraft and secured via legal mortgage on property – Recovery of loan and accrued interest upon default by exercise of right of sale of mortgage property – Dispute arising therefrom – How treated BANKING AND FINANCE LAW:- Rule in Union Bank of Nigeria Ltd. v. Ozigi (1994) 3 NWLR (Pt. 333) 385 – Bank’s right to unilaterally determine flexible interest rates applicable to an existing loan facility regardless of an initial fixed loan rate – How arises – Whether can be contracted out of |
BANKING AND FINANCE LAW:- Banking practices – Claim for balance due in respect of overdraft granted by plaintiff in the normal course of business as bankers to defendants | |
JOE GOLDAY CO. LIMITED V. CO-OPERATIVE DEVELOPMENT BANK PLC
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BANKING AND FINANCE LAW:– Consolidation of customer’s account – Right of a banker to same unless precluded by agreement – Whether recourse to the right by the defendant occasioned any damage or injury to the plaintiffs in the instant case |
JOE UWAGBA V. FEDERAL REPUBLIC OF NIGERIA
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BANKING AND FINANCE LAW:- Failed bank – Criminal proceedings – Offences of conspiracy to steal, stealing of various sums of money and failure to take reasonable steps to secure compliance by Prime Merchant Bank Ltd. with requirement of the Banks and others Financial Institutions Decree (Act) No. 25 of 1999 – How treated |
JOEL OKUNRINBOYE EXPORT CO. LTD & ORS V. SKYE BANK PLC |
BANKING AND FINANCE – LOAN:- Banking practices – Grant of guaranteed loans to customer – Recovery of – How treated |
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BANKING AND FINANCE LAW:- Banking Practices -Granting of overdraft facilities -Action to recover overdraft – Whether cause of action should not be deemed to have arisen until there has been a demand made or notice given |
KANU V. THE QUEEN |
BANKING AND FINANCE LAW:- Making wrong/false entry into Bank Account- Implications thereof |
KASUMU AND OTHERS V. BABA-EGBE
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BANKING AND FINANCE LAW:- Moneylender – No memorandum of loan as required by Nigerian Money Lenders Ordinance – Right to return of security for loan – Whether borrower put on terms – Nigerian Money Lenders Ordinance (Consolidated Ordinances of Nigeria, c 136), s 19 (2),(3),(4) in review |
KHATOUN V. HOLLAND (W. A.) LINES
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BANKING AND FINANCE LAW:- Banker-Customer relationship – Duties of Banker – Whether being a customer or not affects the duty imposed on banker for advice given as such BANKING– BAILMENT:- Bank as clearing agent – Duty of |
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