STERLING BANK PLC v. SEVI LIMITED

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Facts:

This is an appeal against the judgment of the High Court of Lagos State (trial court) which was delivered by Hon. Justice F. Bankole-Oki on the 25th day of October 2016.

At the trial court, the Respondent (Claimant in the trial Court) by Writ of Summons and Statement of Claim, commenced an action against the Appellant (Defendant in the trial Court), wherein it sought the sum of £23,379.65 (Twenty Three Thousand Three Hundred And Seventy-Nine Pounds, Sixty Nine Pence) among other reliefs, on the ground that through the banker – customer relationship it maintained with the Appellant, the Appellant as its bank was negligible in its exercise of the duty of care to it, having failed to follow its instructions to recall sums transferred by the Respondent through the Appellant to the receiving bank (Lloyds TSB).

The Appellant on the other hand contended among other arguments, that the Respondent’s intention was to stretch the duty of care it owed, beyond the border, and at such did not owe the Respondent a duty of care in this respect, nor was it negligible in its dealings with the Respondent

At the conclusion of the trial, respective counsels for the parties filed and exchanged their final written addresses, and the trial Court thereafter entered judgment in favour of the Respondent.

Aggrieved by the judgment of the trial Court, the Appellant has lodged an appeal at the Court of Appeal, seeking to upturn the decision of the trial Court.

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