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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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We are pleased to have represented Honourable Bulus Babawi Ishaku (Our Client); the Nominated Candidate of the People’s Democratic Party in Keffi, Karu and Kokana Federal Constituency of Nasarawa State in the Forthcoming General Election in 2023, in a contentious Pre-Election litigation before the Federal High Court, Lafia Division in Nasarawa State, Nigeria.
2022-12-15
Under the old dispensation of the Electoral Act, 2011, there was universal locus standi to any person who has reasonable grounds to believe that the information supplied by a candidate in his FORM CF001 are false or has submitted forged documents of a fundamental nature that impairs his constitutional qualification, and can approach the Federal High Court, High Court of a State or High Court of the Federal Capital Territory to seek an order of disqualification.
2023-01-21