Banking Law (63)
HELD:
"...Apparently, Parties are pointing fingers at each other as to, who wants to "obfuscate matters" in this Appeal.. The Appellants say the concept of assignment was an afterthought introduced by the Respondent during the pendency of this case at the trial Court.
HELD:
"Exhibit AB2 is Letter Reference No. MPA/AIS/ACCTS/022/1/003 dated 14th February, 2013 signed by Umar Gwadabe, Commissioner of Police and Omotehinse O. Oluremi, Police Pay Officer.
HELD:
"The summary of the contending positions on either side has highlighted what exactly the dispute is. The point has to be cleared without delay that the law though well settled is that the writ of summons and statement of claim are the materials on which the issue of competence and jurisdiction of Court is raised, however it is not a principle cast in stone or regarded as immutable as circumstances could arise where, when an objection is made by means of a motion on notice, facts deposed to in affidavit in support as well as the counter affidavits and attached exhibits are also utilised to resolve the question, in the same vein could come up the use of evidence already adduced in the resolution of the question of jurisdiction as was the case in the instant matter which came up at the close of evidence and in the final addresses of counsel.
HELD:
"...Apparently, Parties are pointing fingers at each other as to, who wants to "obfuscate matters" in this Appeal.. The Appellants say the concept of assignment was an afterthought introduced by the Respondent during the pendency of this case at the trial Court.
Interest may be awarded in a case in two distinct circumstances, namely: (i) As of right, and (ii) Where there is a power conferred by statute to do so, in exercise of the court’s discretion. Interest may be claimed as a right where it is contemplated by the agreement between the parties/or under a mercantile custom, or under a principle of equity such as breach of a fiduciary relationship. London/Chatham & amp/ Dover Railway v. S. E. Railway(1893) A. C. 429 at p. 434.
By the provisions of Section 27(i) of the Nigeria Deposit Insurance Corporation, where an insured bank fails on account of inability to meet the demands of its depositors, payment of the insured deposit in such bank shall be made by the Corporation as soon as possible either:-
"Cheques are not issued for the fun of it, more so when drawer has existing financial obligations to the drawee. The Apex Court, per Oguntade, JSC, in Abeke v State (supra) at page 13 of the E-Report, described the inferences of the issuance of a cheque in these terms: "The issuance of a cheque has certain connotations in law.