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Banker–customer relationship applies to overdrafts/loan facility letters; duty to disburse timely; breach for unjustified delay; proof of special damages requires audited/independent evidence; no contractual basis for waiver of overdraft without express term.
Bank guarantees as independent, enforceable security payable on demand; garnishee orders – attachment of operational bank accounts permissible absent stay; appeal pending or extension application does not suspend execution; competence of decree not re-opened in execution proceedings; struck-out appeal suffices to trigger guarantee.
– Banking and non-banking business – Whether proper party to be sued is NBC Ltd or NBC Holding Corporation – Section 10(l)(e) National Bank of Commerce (Re-organization and Vesting of Assets and Liabilities)Act 23 of 1997
– Banker–customer relationship – Combination of accounts / set-off – Right to combine accounts within same branch; Banker’s Order Card (BOC) – validity and effect; Non est factum – rejection where agreement and terms were known; Bank balances – no proprietary lien; Notice – required only where agreement keeps accounts separate (exceptions apply).
BANK PAYS MONEY BY MISTAKE, BASIS OF RECOVERY OF MONEY PAID OUT BY MISTAKE
BANK PAYS MONEY TO PAYEE BY MISTAKE BELIEVING A CHEQUE SENT FOR COLLECTION HAS BEEN PAID, LATER IT IS DISCOVERED CHEQUE HAS DISAPPERED
BANK TRACK PAYMENT BY MISTAKE
BAKING ACCOUNTS, WHETHER A BANK HAS A RIGHT TO COMBINE CUSTOMER’S ACCOUNTS
BANK COMBINING A CUSTOMER’S ACCOUNTS, WHETHER NOTICE TO CUSTOMER IS NECESSARY
BANKER EXEMPTS HIMSELF FROM REQUIREMENT OF GIVING NOTICE, EXEMPTION DOES NOT EXTEND TO COVER LIABILITY FOR INJURY TO CUSTOMER, REQUIREMENT OF NOTICE IN BANKING PRACTICE
Banker-Customer Relationship, Conditions When a Bank Can Disclose the Information of a Customer, He Who Alleges Must Prove,
BANKER’S RIGHT OF LIEN, WHETHER A BANK HAS INHERENT RIGHT OF LIEN OVER THE BALANCE STANDING TO THE CREDIT OF A CUSTOMER’S ACCOUNT
Banking Business Requires Good Faith, Remedies for Unfair Termination, He Who Alleges Must Prove, Ignorance of the Law is Not a Defence, CHARLES MWITA SIAGA
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credit facilities – disbursement and utilisation – burden of proof for repayment – foreign loan registration compliance – validity and enforceability of securities and guarantees – dismissal for lack of merit.
customer relationship — interpretation of General Terms and Conditions — telephone and agent instructions (clauses 3.2–3.4) — duty of care — burden of proof for damages — appellate deference to trial judge credibility findings
COLLECTING BANK SENDS CHEQUE TO DRAWEE BANK FOR PAYMENT
DEBTOR OF A BANK IS SUED, EFFECT OF THE SUIT ON SECURITIES GIVEN BY THE DEBTOR
COLLECTIVE ADMISSION OF THE BANK STATEMENYS AND CERTIFICATES OF AUTHENTICITY
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DISCHARGING A DEBTOR FROM LIABILITY
Definition of Overdraft, The Issuance of the Default Notice, The Sanctity of Contract,
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GARNISHEE ORDER IMPOSED ON BANK ACCOUNTS OF A WRONG PARTY TO THE PROCEEDINGS, WHETHER THE ORDER MAY BE LIFTED
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Letter of Credit – bank’s honouring of LC; Civil procedure – Review under s.88 and Order XLII CPC – error apparent on face of record; non-joinder of necessary parties; distinction between review and appeal.
Loan recovery — Bank statements as primary evidence of outstanding indebtedness; admitted multiple statements aggregated to prove total claim — Sale of pledged securities and disclosure of proceeds — Fixed deposit held under lien and accounting — Award of costs to successful lender.
LOAN FACILITY, COMPOUND INTEREST CHARGED ON LOAN FACILITY, CMPOUND INTEREST DEFINED
Liability of Guarantor is Co-Extensive with that of the Principal Debtor, Receivers or Managers Are Answerable to the Person Who Appointed Them,
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Mortgage law – mortgagee’s power of sale – requirement of lawful demand and compliance with mortgage deed for service – section 19 Conveyancing and Law of Property Act 1881 – sale conducted secretly and in collusion – effect of caveat and requirements of Land Registration Ordinance – bona fide purchaser for value.
MEANING OF BANKERS BOOKS, WHETHER OF BANKERS BOOKS INCLUDES COMPUTER PRINT OUTS
MEANING OF NON-BANK ASSETS AND LIABILITIES AND ALL OTHER ASSETS LIABILITIES AND BUSINESS OF THE FORMER BANK, WHETHER THE MEANING INCLUDES ADEBENTURE THE BANK BRANCH TO WHICH IT WAS ISSUED IS UNKNOWN
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Revocation ofLicence -Notice to revoke Bureau de Change licence -Letter demanding explanation why a cheque has not been paid – Whether constituting a Notice to Revoke -Regulation 11(3) of the Foreign Exchange (Bureau de Change) Regulations 1992, GN 51/1992 Civil Practice and Procedure – Proceedingfor prerogative remedies – Giving evidence in proceedingsforprerogative remedies – Evidence given through affidavits Evidence -Evidence in proceedingsforprerogative remedies – Facts given in submissions by counsel but not contained in affidavits – Whether the facts amount to evidence Licence – Revocation of Licence – Reasons for revocation of licence – Regulations requiring notice ofrevocation to be given before revocation – Whether it is necessary to give reasons for revoking licence
LOAN FACILITY, COMPOUND INTEREST CHARGED ON LOAN FACILITY, CMPOUND INTEREST DEFINED
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– Stay of Execution – Application for Stay of Execution — No reasonable ground to stay execution – Whether the court may grant the application for stay Banking – Mortgages – Mortgagee’s right to sell mortgaged property – Whether mortgagee may sell property other than that listed in the agreement to top up the money due
SECURITIES AGAINST ADVANCES, VALUE OF PROPERTY OFFERED AS SECURITY BEING FOR HIGHER THAN THE FACILITY GIVEN,
– Securities for bank advances – Mortgage over house – Whether mortgage is a simple mortgage – Preconditions for realization of a simple mortgage – Section 58(3) of the
SECURITIES FOR BANK ADVANCES, MAORGAGE OVER HOUSE, MORGAGE IS A SIMPLE MORGAGE
SECURITIES, DEBENTURES, WHETHER QURANTORS DISCHARGED UPON THE DEBTOR FAILING TO EXERCISE OPTIONS PROVIDED IN A DEBENTURE
Service of the Default Notice, Mortgagee Duty of Care, Public Notice Prior to the Sale of a Mortgaged Property, He Who Alleges Must Prove
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Unlicensed Person Issuing Loan with Interest, Sanctity of the Contract, Admission of a Document Without Objection, Report Forgery to the Police,
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VESTING OFLIABILITIES AFTER RE-ORGANIZATION OF NBC IN 1997
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WHETHER THE BANK’S INTERNAL MECHANISM OF WRITTING OFF DEBTS OR LOSSES DISCHARGES A DEBTOR FROM LIABILITY
WHETHER PROPER PARTY TO BE SUED IS NBCLTD OR NBC HOLDING CORPORATION
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