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UBA vs Vertex Agro
This is banker-customer dispute, wherein the Respondent as plaintiff at the trial court took out a Writ of Summons before the Niger State High Court, Coram; Honourable Justice Mariyam Ismaila J. complaining of the negligent conduct of the bank in the handling of his account in an online transaction, which amounted to a breach of it’s duty of care and fiduciary duty.
The matter proceeded on trial whereinafter the trial court acceded to the claims and found in favour of the plaintiff (Respondent herein). On appeal to the court of appeal, Abuja Division Court, the judgment of the trial court was affirmed substantially save for the award of cost of Solicitors’ Fees which was reversed by the court of appeal.
1. EXCLUSION CLAUSES EMBODIED IN FINE PRINTS OF A CONTRACT ARE NOT AT
LARGE TO EXCULPATE A BANKER’S LIABILITY IN ONLINE TRANSACTION.
2. CBN PRUDENTIAL GUIDELINES FOR DEPOSIT MONEY BANK IS A LEGAL
INSTRUMENT THAT REGULATES ONLINE TRANSACTIONS
3. CBN PRUDENTIAL GUIDELINE BEING A LAW IN ITSELF NEED NOT BE PLEADED
TO BE RELIED UPON BY A PARTY.
4. SOLICITOR'S FEES CANNOT BE CLAIMED AS SPECIAL DAMAGES.
5. A CONTRACT FOR ONLINE TRANSACTION CANNOT BE VARIED
UNILATERALLY, THERE MUST BE CONSENSUS BETWEEN THE PARTIES.
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CHARGE NUMBER: CR/109/2021- INSPECTOR GENERAL OF POLICE v. BINTA AUDU. We are pleased to have represented Binta Audu (an indigent Client) on a four-count charge bothering on conspiracy, obtaining by pretence, cheating and fraud relating to a Point Of Sale (POS) transaction before the High Court of the Federal Capital Territory, Abuja Nigeria Coram Judice; S. M. Idris of Court 28, in Charge No.CR/109/2021.
2022-06-05
This is a Banker-Customer dispute that commenced before the Federal Capital Territory High Court Coram: U.P Kekemeke.J wherein the claimant challenged the Post-No-Debit (PND) and/or Freezing Order placed on its account domiciled with the Bank without an Order of court. pleadings were filed and exchanged and the matter proceeded to trial.
2022-09-04