A Review of the Court of Appeal’s Decision in Moses G. Jwan v. Ecobank Plc & United Bank for Africa Plc CA/J/132/2019; (2021) 10 NWLR (PT 1785) 449; (2020) LPELR-55243(CA)

Abstract

This paper is a review of the Court of Appeal’s decision where it held that banks owe their customers a duty of care which extends to the responsibility of ensuring that a customer is paid cash whether he makes a withdrawal request whether through the use of a cheque or an automated teller machine (ATM) provided that there are sufficient funds in the customer’s account. It is a decision that hopefully would bring to the awareness of Nigerian banks that customers are owed a duty of care and failure to discharge that duty is negligence on their part. This is necessary especially as it has become common sight to find a long queue of customers waiting to file one complaint or the other at the customer service section of almost every bank in Nigeria.