Barclays Bank of Nig. Ltd v. Alh Mainada Abubakar (1977)

LawGlobal-Hub Lead Judgment Report

O. OBASEKI, J.S.C.

In the High Court of the Kano State holden at Kano, the appellant as plaintiff initiated these proceedings claiming against the respondent as defendant.

“(1) The sum of N43,334.48 being moneys lent to and moneys paid by the plaintiff as Bankers to the defendant at his request and for interest on the moneys due from him and foreborne at his request and money found to be due from the defendant to the plaintiff;

(2) Interest at the rate of 10 percent per annum until judgment; and

(3) Interest at the rate of 5 per cent per annum from the date of judgment until the judgment is fully satisfied.”

Pleadings were ordered and duly delivered and from the statement of claim, it is clear that the claim was founded on account stated. In particular, paragraph 4 of the statement of claim reads:

“The plaintiff in keeping with its practice with customers’ account forwarded regular statements of account to the defendant has never queried the said statement of account and has always admitted owing the plaintiff. The statement of account of the defendant is attached to this statement of claim and marked Exhibit A and the plaintiff will rely on this statement of account at the trial. “The defendant in paragraph 4 of his amended statement of defence denied paragraph 4 of the statement of claim and went on to plead in paragraph 5 of the statement of defence as follows: .

“The defendant will contend at the trial that the defendant did not authorise the plaintiff to credit or debit the defendant’s current account opened with the plaintiff on the 31/8/72 with the statement of account of any of plaintiff’s customer or customers.”

Throughout the hearing, the main contention of the defendant was that the plaintiff wrongly debited his account with the value of some drafts purchased by Mecca and Medina Traveling Agency which he operated and of which he was a director, without his instructions. At the hearing, two witnesses testified at the instance of the plaintiff.

The defendant testified denying owing any amount or receipt of monthly statement of account from the Bank. Alhaji Ibrahim Usman Wudil who had testified at the instance of the plaintiff as P. W.1 was called by and also testified at the instance of the defendant.At the conclusion of the hearing, the learned trial judge entered judgement in favour of the plaintiff for a reduced amount in the last paragraph of his judgement as follows:

“The defendant is therefore liable to the plaintiff for the debit balance shown on Exhibit E less the amount in Exhibit F2 (3285pounds) and Exhibit

F14 (6,321pounds) which comes to 9,606pounds (N43,334.48) less amount in Exhibits F2 and F14, N19,212.00 = N24,122.48.

I accordingly enter judgement for the plaintiffs in the sum of N24,122.48 with the interest at the rate of 10 percent per annum from plaintiffs’ 2nd witness (who tendered the documents) when he said inter alia .

“I can identify the Pilgrims’ list and the requisitions signed by the defendant. I see these documents, they are the debit notes, I am referring to, together with the pilgrims’ list. There are 14 of them. Majiyagbe: I seek to tender them in evidence.