The customer should establish the following:
a) That the bank owed him a duty of care.
b) That the bank breached the duty of care.
c) That the breach caused him pain or injury or loss. Donogue V. Stevenson (1932) AC 562
The customer should establish the following:
a) That the bank owed him a duty of care.
b) That the bank breached the duty of care.
c) That the breach caused him pain or injury or loss. Donogue V. Stevenson (1932) AC 562
If the bank breaches the duty of care to its customer, then the bank will be liable to his customer for negligence. S.T.B Ltd. V. Anumnu (2008) 14 NWLR (pt. 1106) 125 at 154-155
Where a bank present itself to be professional, competent and skilled, to execute certain obligation but eventually fails in its responsibilities, a case of negligence can be said to have occur because it has failed in its duty of care to it customer. Linton Ind. Trading Co. (Nig.) Ltd. V. C.B.N (2015) 4 NWLR (pt. 1448) 94 AT 108
Yes, the printout of a bank statement of account can be used as evidence in court. Oghoyone V. Oghoyone (2010) 3 NWLR (Pt. 1182) 564 at 585
Yes, a bank has a duty under its contract with the customer to exercise reasonable care and skill in carrying out its party in the operation of the customer’s account. NIM Ltd. V. FBN Plc. (2009) 16 NWLR (pt. 1167) 411 at 435.