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BANKER-CUSTOMER RELATIONSHIP - Whether the relationship between a bank and its customer is fiduciary in nature; effect of failure of a bank to display same

HELD:

"whilst it is true that generally, the relationship between a bank and its customer is one founded on simple contract, but there is also the sacred duty of care imposed on the Banker to keep the fund of the Customer in its custody safe until requested on a clear and unambiguous instruction by the customer.

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