In BRITISH and FRENCH BANK LTD. v. OPALEYE (supra) Mr. Opaleye the customer of the Bank had two accounts at the Bank, one in his name and the other in the name of the firm and he was the sole account holder. The firm account was overdrawn to the extent of ?500 and when a cheques of ?350 was paid into the private account the Bank decided to utilize the money from the private account in order to reduce the overdraft in the firm’s account. The Bank utilized the money from the private account to reduce the overdraft in the firm’s account. Opaleye told the Bank that ?350 less his commission belonged to the stranger whose property he had sold, the Supreme Court held: “I think it can be said with justice that very strongly implied an agreement to keep them separate and distinct, without any right on the part of the Bank to combine them or to transfer assets from one account to the other, at any rate not without reasonable notice of the intention so to do.”
COURT WILL TAKE JUDICIAL NOTICE OF BANKING GUIDELINES
Indeed, the Rules, regulations and guidelines may be pleaded and where they are not pleaded, the courts may take Judicial Notice of same. See S. 73-75 Evidence Act, 2011 and the Government of Lagos State v. Pastor Karimu and others (2012) 5 NWLR (Pt. 1294) page 620. — M.A. Danjuma JCA. Folorunsho Ogboja v. Access...