By Sam Tyav, Makurdi
Appeal Court sitting in Makurdi, Benue State capital, has ruled against Union Bank Nigeria PLC and ordered the bank to pay the sum of N5.5 million for violation of contractual agreement it entered into with its customer, Mr. Godwin Akor Nyinya.
Delivering judgment in a suit between Nyinya vs Union Bank Nigeria PLC, marked CA/ MK/ 248/ 2022, Justice Isa Bature Gafai said the lower court, which had handled the matter earlier on, was wrong in dismissing the appellant’s suit.
Justice Gafai, who set aside the judgment of the lower court, granted N5 million as general damages to the appellant against the respondent (Union Bank) with additional cost of N500,000 to be paid to the appellant.
The bank, Justice Gafai averred, had refused to transfer money to the appellant’s business partner account, ruling that this was illegal and a breach of the special banker/customer relationship and a violation of the plaintiff’s right.
In similar instances, the bank denied the appellant the right to withdraw N15, 500 and N20,000 at different intervals, which action, according to the Judge, was a breach of contract.
The bank had claimed that the account of the appellant was blocked by the order of a Magistrate Court but Justice Gafai explained that there was no valid court order for the respondent to freeze or block the account of the appellant, holding further that a mere letter –the basis upon which the bank acted –does not qualify as a court order.
Justice Gafai noted that the decision of the lower court was against the weight of evidence.
According to him, the trial court erred when it still dismissed the appellant’s case for lack of proof after it had earlier found beyond doubt and undisputed, the appellant’s unchallenged evidence to the effect that the appellant had a contractual relationship with the respondent even as,he noted, the respondent dishonoured the several requests made by the appellant, though the appellant had enough credit balance in his account with the respondent.
Justice Gafai held that this therefore, amounted to a breach of the contractual relationship between the parties, stating that the error occasioned a gross miscarriage of justice.
Other Justices of the court, Justices Biobele Abraham Georgewill and Nehizena Idemudia Afolabi, agreed with the judgment delivered by Justice Gafai.
In their reaction, counsels to the appellant, Tyosar Agatse and T. A. Usue, described the judgment as a sound one.
