MAMA ADESI COMPANY LIMITED vs. UNIVERSAL MERCHANT BANK LIMITED

AMADU JSC:- INTRODUCTION: 1) My Lords, the key issue for our determination in this appeal is, whether or not the two lower courts properly apprehended and evaluated the evidence on record within the context of the relevant applicable law before entering judgment for the Plaintiff and affirming same respectively. In other words, did the two Lower Courts properly allocate the statutory evidential burden on the party who carries that burden, and found on the evidence and applicable law that, the Plaintiff’s burden of proof had been satisfactorily discharged in accordance with the prescribed legal standard before they arrived at their concurrent positions which has given rise to this appeal? 2) From the undisputed facts of this dispute, the circumstances of the present appeal are stimulating. The Plaintiff, suspecting its General Manager (GM) to have misappropriated funds held in its accounts with Defendant’s bank, lodged a criminal complaint of fraud and stealing against the GM...