:: In Akanle V Reginam, the court noted that “banker” refers to the company licenced to carry on banking business.
:: Part dos Costs regarding Replace Operate 1954 represent good banker as a human anatomy regarding individuals if provided or otherwise not exactly who continue the business regarding banking. So it definition is incorrect just like the Area 2 of your own Banking institutions and you may Other Loan providers Act will make it a condition precedent for people carrying-on banking organization getting provided.
:: Of the Area dos of your own Facts Act, a person, relationship or providers carrying-on the business out-of financial. Equivalent meaning offered by Part 41(1) of your Banking Decree.
The newest belief of the manager to possess giving illegal financing try quashed on to the floor the banker instead of the manager need getting come sued because the banker customers relationships is you to definitely away from borrower-collector
:: A financial company could have been defined inside the Part 66 BOFIA since the the business from acquiring funds… giving funds… greeting out of credit, bills, cheques, get and you may marketing of securities… anyone else as the minister can get designate.
Ergo, a good banker identifies a friends which was provided and you can licensed to carry on financial business. E.g. Stanbic IBTC, GTB, UBA and the like.
Brand new legal stored the banker-buyers dating is actually ranging from Good and the bank regardless of that account is unwrapped in the B’s name since the bank only realized A good
:: In the ordinary words, he could be considered to be one buying the goods or with the the expertise of various other. It is yet not vital that you know the tight judge meaning of a customer to help you decipher whom the bank lawfully owes a duty.
:: In Ladbroke and Co V Todd, the court held that to qualify as a customer, one must have an account with the bank. escort service Aurora Same position was followed in Commissioners of Taxation V English Scottish and Australian Bank, where it was held that duration was irrelevant offered discover an account toward financial. In Woods V Martins Bank, the court noted that a finalised agreement to open an account could suffice notwithstanding that no actual deposit has been made. In Robinson V Midland Bank, where A opened an account in B’s name. In Great Western Railway Company V London and County Banking Co, one Huggins had been cashing cheques over the counter at the defendant bank for almost 20 years. The court held that since Huggins had no account with the bank, he was not a customer. Similarly, in Ademiluyi and Lamuye V ACB, A and B (prominent members of a ruling party; NCNC) opened an account with ACB. ACB believed that the account was opened on behalf of NCNC whom they regarded as their customer. “A” sought to cash money from the account but NCNC countermanded the cheque. The court held that the countermand by NCNC was ineffective because the banker-customer relationship existed only between ACBank and AandB who were the account holders.
A SHIFT IN POSITION: The cases of Hedley Byrne Co V Heller and Partners and Agbonmagbe Bank V CFAO Ltd the courts drawing from the decision of Donoghue V Stevenson, have held that a bank can be liable in negligence to a person notwithstanding that he does not have an account with the bank so long as it is reasonably foreseeable that they shall be affected by the bank’s negligence.
To summarize, all situation must be computed by itself merits. The fresh new process of law will get demand an obligation away from care towards the an excellent banker with regards to the character of your deal while the means out-of fairness and you can collateral despite that a person doesn’t have a keen account to the bank.