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September 4, 2019 9:44 am
I am clear in my view that, the "appointment" of the police officers is optional, open to any person so interested, to which the Appellant had indicated its desire and had actually engaged the service of the police officer, who had, in the course of protecting the Appellant’s property, infringed upon the fundamental rights to human dignity of the 1st Respondent. It is my humble opinion that, there exists a fiduciary relationship created between them, in which the policeman as the agent may act on behalf of the Appellant-Bank as the principal and who is then bound by, and it is vicariously liable for the words or actions of the policeman- agent of the Appellant, See: Cotena Int’l Ltd V Churchgate Nig Ltd & Anor, supra.
PER G.O.KOLAWOLE, J.C.A IN FIDELITY BANK PLC V JAMES OLANREWAJU & ORS
Appeal no: CA/L/976/2015
Appeal no: CA/L/976/2015
LEGALPEDIA ELECTRONIC CITATION: LER[2019]CA/L/976/2015