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NATURE OF A BANK AND BANK’S CUSTOMER

Dictum

per Lord Atkin in JOACHIMSON v. SWISS BANK CORPORATION (1921) 3 KB 110 COURT OF APPEAL where he held: “The bank undertakes to receive money and to collect bills for its customer’s account. The proceeds so received are not to be held in trust for the customer, but the bank borrows the proceeds and undertakes to repay them. The promise to repay is to repay at the branch of the bank where the account is kept, and during banking hours. It includes a promise to repay any part of the amount due against the written order of the customer addressed to the bank at the branch, and as such written orders may be outstanding in the ordinary course of business for two or three days, it is a term of the contract that the bank will not cease to do business with the customer except upon reasonable notice. The customer on his part undertakes to exercise reasonable care in executing his written orders so as not to mislead the bank or to facilitate forgery. I think it is necessarily a term of such contract that the bank is not liable to pay the customer the full amount of his balance until he demands payment from the bank at the branch at which the current account is kept.”

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The imposition of withdrawable cash limits after collection of the old notes, amount to a scheme to entrap and not allow much of such funds come out of the banking system. My attention has not been drawn to any law that permits a bank not to pay cash to a customer on demand on the...

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BANKER – CUSTOMER RELATIONSHIP IS THAT OF A CONTRACT

By the combined effect of the said averments, the respondent maintained a current account with the appellant, a registered commercial bank. The nature of such relationship has been given recognition in plethora of judicial decisions that it involves a specie of contract with special usages with particular reference to monetary or commercial transactions. Consequently, a...

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CONTRACTUAL RELATIONSHIP BETWEEN BANKER AND CUSTOMER CREATES A DUTY – BREACH RESULTS IN NEGLIGENCE

In Diamond Bank Plc. v. Wellcare Alliance Ltd. (2015) LPELR-40762 (CA), the Court held as follows: “I share the re-instatement of the law by my learned brother that the Appellant as a banker to the Respondent owed the Respondent a duty to exercise reasonable care and skill the breach of which entitles the Respondent to...

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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...

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CUSTOMER – BANKER RELATIONSHIP IS CONTRACTUAL

Furthermore, generally, the relationship of a bank customer and a banker is contractual. In other words, a customer to a bank in relation to the business of banking is any person having an account with a bank or for whom a bank has agreed to collect items and includes a bank carrying an account with...

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