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MOSES JWAN V ECOBANK (2021) 10 NWLR (Pt. 1785) 449 (CA)
The Court of Appeal has held that failure of bank to pay a customer through the ATM when the customer has enough money in the account is a breach of duty of care and contract. The customer is s entitle to damages.
The Court of Appeal in the case of in the case of MOSES JWAN v. ECOBANK*(2021) 10 NWLR (Pt. 1785) 449 at 485 per Aliyu, JCA held,
“The ATM card issued by a bank being akin to a cheque, must be honoured on request once there is enough funds in the customer’s account, and failure to do that mean the bank is in breach of duty of care owed to it’s customer.”
Consequently, the Court of Appeal awarded the sum of N500,000.00 (Five hundred thousand Naira) general damages against ECOBANK for failure to pay its customer the sum of N10,000.00 (Ten thousand Naira) through the Bank’s ATM.
It remains for the Banking services to improve and for aggrieved customers to take advantage of the decision of the Court of Appeal to pursue their legitimate rights./SHARE THIS