PRINCIPLE OF BANKING LAW AND PRACTICE: Relationship between banker and his customer  

 

 Anonymous
Joined: 51 years ago
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27/06/2019 10:13 am  

"For the proper appreciation of the evidence, I consider it necessary to state elementary principles of banking law and practice. Since the celebrated case of Foley v. Hill (1848) 2 H. L. Cas. 28 the relation in law between a banker and his customer has been that of debtor and creditor: see also Hirschorn v. Evans (Barclays Bank Ltd., garnishees) (1938) 3 All E.R. 491 at p. 498. When a bank credits the current account of its customer with a certain sum, the bank becomes a debtor to the customer in that sum: Joachimson v. Swiss Bank Corporation (1921) 3 K.B. 110; and conversely when a bank debits the current account of its customer with a certain sum, the customer becomes a debtor to the bank in that sum: see Paget Law of Banking, 8th Ed., p.84. Whichever party is the creditor is entitled to sue, if demand for payment was not complied with, the other party for money lent: see Joachimson v. Swiss Bank Corp. (supra). CHIEF FESTUS S.YESUFU V. AFRICAN CONTINENTAL BANK LTD Suit No; SC.29/1980 Per BELLO, J.S.C. (Pp.21-22, paras. D-A)


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