Description
Unauthorized withdrawals of funds from a bank account – forensic handwriting report – dispute over signatures – Proof of harassment, embarrassment and mistreatment on a balance of probabilities – Relationship between banker and customer – forgery of customer’s signature – interest at commercial rate.
- Unauthorised withdrawals of funds from a bank account – the bank teller concerned was supposed to make sure that the signature of the customer who is before her and who signs the withdrawal forms in her presence is similar to the specimen signatures kept by the bank and the signature in her bank card.
- Unathorised withdrawals of funds from a bank account – burden of proof.
- Forensic handwriting report – dispute over signatures – it is not correct to assert that the report is not credible on the ground that it is the plaintiff’s counsel at whose instance it was prepared, neither can it be discredited for mere reason that it had been used as evidence in another court of law – no law or legal principle bars calling into evidence in a civil case, any material evidence which had been used in evidence in a previous criminal case, unless declared inadmissible.
- It is trite law of evidence that where any matter is required by law or rule of procedure to be reduced into the writing no oral evidence shall be given at the expense of the writing itself.
- Liability for unathorised withdrawals from a bank account – because the bank conceded that the signatures on the material withdrawal forms differ from the specimen signature of the plaintiff which is in their custody and her signature in the bank card, it goes without saying that the unauthorized withdrawals should be placed on the bank’s shoulder as it allowed withdrawals despite the fact that it knew or ought to have known that the signatures were different – It does not matter whether it is the plaintiff or any other person who did the withdrawals provided that the signature in the withdrawal forms differs from the approved signature of the plaintiff which is in the bank card and bank server, the bank should be blamed for allowing the withdraws – It is the practice of the bank that customers are allowed to withdraw their monies only when they use the same signature which they used in their bank card signed at the time of opening of the account.
- Proof of harassment, embarrassment and mistreatment on a balance of probabilities.
- Relationship between banker and customer.
- Banker’s liability upon forgery of customer’s signature – Since the banking business is not the business of the customer but that of the bank forgery of signatures is a risk of the service which the bank offers.
- Specific damages must be specifically pleaded and proved.
- Award of interest – the plaintiff has missed the prospect of placing her monies at interest as a result of the unauthorized debits made by the defendant to her account. Interest is,therefore, payable.
- Interest – where a successful party was deprived of the use of goods or money by reason of wrongful act on the part of the defendant, the part who has been so deprived of the use of money to which he is entitled should be compensated for such depravation by the award of interest.
- Interest awarded at the commercial rate of 20% from accrual of cause of action until date of judgment.
