BRITISH AND FRENCH BANK LTD. V. OPALEYE

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BRITISH AND FRENCH BANK LTD. V. OPALEYE

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aside. The fair course is to allow the plaintiff half his costs of appeal in the light

of the fact that his request to have a declaration in his favour or a non-suit is being

refused, and that moiety may be pug: at £27 - 17s - Od; and to allow the defendant

half his costs in the court below, viz £203 - 13s - Od. On balance it means that the

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defendant is to have £175 - 16s - Od.

The following order is proposed:-

The judgment given on the 28th September, 1959, in suit No.

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97/1957

between Sam Oragbade for himself and on behalf of the Ifetedo community

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and Chief Onitiju, in regard to the area of land edged pink or red on plan

OG/150/58 shall stand insofar as it dismisses the action but is set aside insofar

as it grants a declaration in favour of the defendant but in either case this order

is not to prejudice any appropriate claim being made hereafter; and the plaintiff

Sam Oragbade shall pay the defendant the sum of £175 - 16s - Od, being the

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difference between half the costs below (which are allowed to the defendant)

and half the costs of appeal (which are allowed to the plaintiff).

Ademola, C.J.F.:

I concur.

Unsworth, F.J.:

I concur.

Appeal allowed in part: Dismissal

of plaintiff action affirmed:

Declaration of Title on the Counter

claim set aside

BRITISH AND FRENCH BANK LTD. V. OPALEYE

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BRITISH AND FRENCH BANK LTD.

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APPELLANT

V

R.A.B. OPAL.EYE

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RESPONDENT

SUIT NO. FSC 43/1961

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FEDERAL SUPREME COURT

ADEMOLA,

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C.J.F.

TAYLOR,

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F.J.

BAIRAMIAN,

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F.J.

11th January, 1962.

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Commercial Law - Banking - Multiple accounts - Transfer of assets by bank

from one account to another to reduce overdraft consent of customer not

given.

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Contract - Whether implied from course of business.

ISSUES:

1. What is the mode of determining the nature and terms of the relationship of

banker and customer in the absence of an express agreement between them.

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2. Can a banker in the absence of an express agreement between him and a

customer utilise the credit of customer's private account to reduce the overdraft

of the business account?

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