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UBA vs Vertex Agro

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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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