:: In Akanle V Reginam, the court noted that “banker” refers to the company licenced to carry on banking business.

:: Area dos Bills of Replace Act 1954 describes a good banker due to the fact a human anatomy of persons whether incorporated or otherwise not whom go on the organization from banking. Which meaning is faulty while the Area 2 of one’s Banking institutions and you will Other Creditors Operate will make it a disorder precedent having people carrying on financial company are provided.

:: By the Section 2 of your own Evidence Act, men, union otherwise team carrying-on the business out-of banking. Equivalent meaning supplied by Point 41(1) of your own Financial Decree.

New conviction of your manager to possess granting illegal loans was quashed on to the floor your banker instead of the manager ought to have been sued due to the fact banker consumer relationship are one of debtor-creditor

:: A banking company has been laid out inside the Section 66 BOFIA given that the business out-of searching funds… giving fund… acceptance regarding loans, debts, cheques, get and you can deals regarding securities… others as the minister get employ.

For this reason, good banker describes a friends which was integrated and you will authorized to continue banking organization. Age.grams. Stanbic IBTC, GTB, UBA and stuff like that.

The brand new judge held that the banker-consumer dating is anywhere between An excellent additionally the bank notwithstanding the account is actually launched within the B’s title while the lender merely knew A great

:: Into the normal terms, he could be considered to be a guy buying the goods otherwise through its the expertise of other. It’s but not crucial that you understand the rigorous legal meaning of a customer to help you decipher who the lending company lawfully owes an obligation.

:: In Ladbroke and Co V Todd, the court held that to qualify as a customer, one must have an account with the bank. Same position escort girls in Billings MT was followed in Commissioners of Taxation V English Scottish and Australian Bank, where it was held that duration was irrelevant provided there’s a merchant account into bank. In Woods V Martins Bank, the court noted that a finalised agreement to open an account could suffice notwithstanding that no actual deposit has been made. In Robinson V Midland Bank, where A opened an account in B’s name. In Great Western Railway Company V London and County Banking Co, one Huggins had been cashing cheques over the counter at the defendant bank for almost 20 years. The court held that since Huggins had no account with the bank, he was not a customer. Similarly, in Ademiluyi and Lamuye V ACB, A and B (prominent members of a ruling party; NCNC) opened an account with ACB. ACB believed that the account was opened on behalf of NCNC whom they regarded as their customer. “A” sought to cash money from the account but NCNC countermanded the cheque. The court held that the countermand by NCNC was ineffective because the banker-customer relationship existed only between ACBank and AandB who were the account holders.

A SHIFT IN POSITION: The cases of Hedley Byrne Co V Heller and Partners and Agbonmagbe Bank V CFAO Ltd the courts drawing from the decision of Donoghue V Stevenson, have held that a bank can be liable in negligence to a person notwithstanding that he does not have an account with the bank so long as it is reasonably foreseeable that they shall be affected by the bank’s negligence.

To conclude, all the instance should be calculated on its own merits. The newest courts can get enforce an obligation out-of proper care into the an excellent banker with regards to the character of your exchange while the need regarding fairness and equity regardless of that a person doesn’t always have an membership into bank.