PETER OLUWAFEMI ATOYEBI, SAN v. BARCLAYS BANK PLC & ANOR.
(GARBA; ABUBAKAR; NWOSU-IHEME; TSAMMANI; ABIRU, JJ.SC)
Peter Oluwafemi Atoyebi, SAN (“the Appellant”), a private legal practitioner in Nigeria and Ghana and Pastor in charge of Province 2 of the Redeemed Christian Church of God, maintained a bank account with Barclays Bank Plc (“the 1st Respondent”) through Barclays Groups Representative Office (Nigeria) Limited (“the 2nd Respondent”). The account was, however, domiciled with the International Branch of Barclays Bank Plc in England. At the time he opened the account, the Appellant alleged that he was not informed, either verbally or in writing, that any cheque issued on the account would require his prior written confirmation before it could be honoured.
Between 2006 and 2009, the Appellant alleged that several cheques issued by him were dishonoured by the 1st Respondent notwithstanding the availability of sufficient funds in his account and, in some instances, despite his written and personal confirmation of the transactions. He further alleged that transfer instructions personally initiated by him at branches of the 1st Respondent in London were not effected until after he lodged formal complaints. He also claimed that, although he opened a savings account on the advice that it would be linked to his current account to cover any shortfall, a cheque issued on 15 October 2009 for £10,000 was dishonoured and endorsed “Refer to Drawer” instead of funds being drawn from the savings account. The Appellant consequently commenced an action before the High Court of Lagos State, alleging negligence and seeking reliefs against both Respondents. The Respondents however, maintained that the High Court of Lagos State does not have jurisdiction to hear the matter and that the 2nd Respondent was not a proper or necessary party to the suit.
