Facts:

The respondent is a customer of the appellant’s bank. She operates an account in one of the appellant’s branches in Lagos. She obtained an ATM card from the appellant bearing the Bank’s sign.

Sometimes in June 2012, the respondent who was also pregnant, travelled to the United Kingdom for the purpose of giving birth. She needed funds and decided to use her ATM card in a Barclays Bank Machine in Broadway Stratford London. However, her account was debited but the money failed to dispense. She reported the incident to the appellant who responded to the effect that it was been investigated and a refund would be made within 45 days.

The respondent was aggrieved by the response of the appellant and proceeded to institute an action against the bank at the Badagry Division of the Lagos High Court for breach of contract among other things. In their defence the appellant maintained that the ATM Card is owned by Master Card international and it is therefore not liable based on the Limited Liability Clause as stated in the Master Card Charge back guide. The lower Court in its judgment found the appellant liable for breach of contract and granted the prayers sought by the respondent.

Dissatisfied with the decision of the lower Court, the appellant appealed to the Court of Appeal.