Adesola Osibona v. Wema Bank Plc

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Facts:

Facts:
The claimant who is a customer of the defendant filed a suit against it at the High
Court of Lagos State claiming inter alia, the sum of N5,000,000.00 (Five Million
Naira) for special and general damages accruing from an alleged negligence
and breach of contract. The claimant alleged that in November, 2014 she instructed
the defendant to effect the transfer of £2,479.68 (Two Thousand Four Hundred
and Seventy Nine Pounds Sixty Eight Pence)to Reading University for the balance
of her daughter’s accommodation fees and in compliance with the instruction,
the sum of N666,014.79 (Six Hundred and Sixty Six Thousand Fourteen Naira,
Seventy Nine Kobo) the Naira value was debited from her Account with the
Defendant Bank. Other attendant charges such as invisible Trade Charges, Value
Added Tax, Swift Charges and Offshore Charges totaling the sum ofN683,534.79
(Six Hundred and Eighty Three Thousand Five Hundred and Thirty Four Naira
Seventy Nine Kobo). The claimant further alleged that in spite of the debit, the
money was not remitted to the university which eventually led to the claimant’s
daughter being ejected from her accommodation. The claimant’s daughter was
alleged to have been inconvenienced and embarrassed by the situation and that
the claimant’s husband had to make alternative arrangements to secure
accommodation for the daughter at an increased cost. Even after notifying the
bank, it failed to resolve the issue until February, 2015 when it refunded to the
claimant the sum ofN666,014.79 (Six Hundred and Sixty Six Thousand Fourteen
Naira Seventy Nine Kobo) being the accommodation fee without refunding the
other charges deducted.
The defendant in their statement of defence insisted that the claimant’s instructions
were carried out and that their UK correspondent bank informed them that the
money had been transferred but that it was discovered that the beneficiary bank
withheld the money due to preliminary investigations, a procedure which it had
no control over. They were obliged to return the money when it could not be
released by the beneficiary bank and as such could not be liable to the claimant.

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