1. The Banker-Customer Relationship and the Burden of Proof of Wrongful Dishonour of Cheques.
- Author
-
Ojukwu-Ogba, Nelson E. and Odion, Job O.
- Subjects
WRONGFUL dishonor of negotiable instruments ,BANKING industry customer services ,BURDEN of proof ,BANKING laws ,LAW - Abstract
The banker customer relationship, being contractual, is fundamentally premised on the ability of a bank to fulfil its obligations to customers by honouring cheques validly drawn on customers' accounts. Failure to honour validly drawn cheques would amount to breach of contract and consequent liability for the bank. However, the onus of proof of wrongful dishonour of a validly drawn cheque lies on the customer. This is an onerous duty and its discharge would determine the extent of the bank's liability and quantum of damages likely to be awarded against it. This paper considers the banker s obligation to honour bills, the burden of proof in cases of wrongful dishonour of cheques and the consequent legal implications of such action. The paper argues that the current position of the law on proof of dishonour is rather hazy and confusing, in light of certain case law decisions of superior courts on the issue, especially in Nigeria, even in the face of some other decisions that clarify the issue. The paper posits that the haze has been cleared but need restatement by superior courts so as to clearly settle the rule on the issue and lay to rest any likely confusion. [ABSTRACT FROM AUTHOR]
- Published
- 2016