LINACRES NIGERIA LTD. V. ACCESS BANK PLC. SUIT NO CV/1644/18

The High Court of the Federal Capital Territory, Abuja Coram U.P Kekemeke J. on the 27th day of May,2021 awarded the sum of N24 million as damages against Access Bank of Nigeria Plc for placing a Post-No-Debit (PND) order on its customer’s account without an order of court.

The Claimant; Linacres Nigeria Limited had approached the Court through its Counsel Micheal Jonathan Numa Esq., a Senior Partner in the law firm of Karina Tunyan (SAN) & Company vide a writ of summons in 2018 seeking special and general damages. The court in its judgement delivered virtually via zoom adjudged the actions of the bank as a breach of their contractual and fiduciary dutiesĀ  owed to its customer, by acting ultra vires i.e without a valid order of court. This judgement sends a strong message to the banking community to adhere to the due process of law in carrying out instructions issued by the security agencies.

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