Court orders bank to refund N638m to customer over unlawful charges.

A bank (name withheld) has been ordered by the Court of Appeal in Enugu, presided by Justice M.O. Bolaji-Yusuif to refund the sum of N637,920, 556 to its customer, F.G Onyenwe Motors
Nigeria Limited, for alleged fraudulent perpetuation of excessive
and unlawful charges on the customer’s account in the course of
transactions with the bank.

The appellate court gave the order while dismissing an appeal
brought before it by the bank challenging the judgement of a
Federal High Court, Enugu, which found the bank liable for making
false debit entries into the customer’s account.

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The transport company and the respondent in the appeal was
granted several loan facilities which, according to the appellant,
the respondent failed to liquidate as at when due.
The appellant, in the bid to recover its loan through the assistance
of a high court in Enugu, negotiated terms of settlement with the
respondent and consequently a consent judgement was entered in
favour of the appellant.

The respondent alleged that in the course of complying with the
terms of the judgement, for which he had already remitted over
N100 million, it was discovered that the appellant perpetuated a lot
of irregularities in its account, adding that it was fraudulently
misled into entering into terms of settlement which led to the
consent judgement.

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Following the development, the respondent, through his lawyer,
Chief Tagbo Ike, filed a suit against the bank at the Federal High
Court, Enugu, seeking, among other reliefs, a declaration that the
defendant had no legal basis or lawful right to charge excessive
commissions and interests on the overdraft facilities granted the
customer (plaintiff).