A Lagos High Court has fixed March 2, 2016, to deliver judgement in a suit filed by an author, Odafe Atogun against Skye bank Plc over €6,000 Western Union Money Transfer sent to him from Ireland (six thousand Euros).
The trial judge, Justice Mobolanle Okikiolu-Ighile fixed the date after counsel to parties re-adopted their written addresses.
The Chief Judge of Lagos State, Justice Ayotunde Phillips had transferred the case file from Justice Mufutau Olokoba to the new judge for hearing of the substantive suit.
Before the case file was transferred, Justice Olokoba had in a ruling assumed jurisdiction to adjudicate in the suit.
The claimant, had through his lawyer, Pascal Ememonu accused the bank of negligence by paying €6,000 [six thousand Euros] meant for him to an impostor.
But, the bank in a counter affidavit contended that the high court of Lagos State lacks the jurisdiction and competence to adjudicate on the suit being a claim arising from money transfer agreement between one Kevin Fuller and Western Union in the Republic of Ireland.
However, the court held that it has jurisdiction to hear the suit adding that “it is the breach of the duty of care of the defendant that is in issue not the contract between Kevin Fuller and the defendant’’.
The claimant in his statement of claim had alleged that on November 3, 2008 one Kelvin Fuller, who is the sales Executive of Hudson Killeen sent the sum of €6,000 [six thousand Euros] to him through Western Union Money Transfer from Ireland and to be received in Abuja for the purpose of establishing a printing press in Nigeria.
The claimant added that before sending the money Kelvin Fuller filled a Western Union Money Transfer form which included questions on the city and country where the money is to be collected.
The claimant added that Kelvin Fuller, further disclosed to him, the money transfer control number and the test questions and answers which would enable him collect the money from any bank operating Western Union Money Transfer in Abuja, only and nowhere else.
However, since Nigerian banks do not offer Western Union Money Transfer to their customers after 4pm and the alleged €6,000 was sent at about 5.28pm Nigerian time, the claimant decided not to go to the bank on the day the money was sent.
But, at about the few minutes past eight the next day, the claimant allegedly went to Ecobank Plc on Ademola Adetokunbo crescent, Wuse II, Abuja to collect the money only to be told that the said money transfer control number may not exist or may have been used.
The claimant alleged that after about two months of continuous enquiry, the Western Union Money Transfer office in Ireland discovered that the said money was paid out at 6.22pm Nigerian time on November 3, 2008, by the defendant’s branch office at 1, Forestry Road Benin City, Nigeria to a wrong person who impersonated as the claimant.
He accused the bank of negligence by paying the money to an impostor at 6.22pm which was outside banking hours, a violation of regulatory guidelines by the Central Bank of Nigeria.
But the bank in its statement of defence prayed the court to dismiss the suit for want of jurisdiction.
The bank averred that it is not indebted to the claimant for general or special damages as alleged.
