Court of Appeal 16th May, 2011.
Justices:
Istifanus Thomas, JCA
Ejembi Eko, JCA
Tunde Oyebanji Awotoye, JCA
Subject Matter(s):
In Civil Proceedings Where Averments Alleging Crime are Severable, Burden of Proof is on Balance of Probabilities
Before Court Decides on Negligence of Banker in Payment on Forged Cheque, Court is to Compare the Signatures
Where Signature Disputed by the Claimant Onus is on the Defendant
To be Awarded Damages for Negligence Plaintiff Must Plead and Prove the Particulars of Negligence
Banker Must Prove How Debit Balance was Arrived At; Statement of Account Alone is Sufficient
Final Order: Appeal and Cross Appeal succeeds in part