
Legal Minds
February 5, 2025 at 07:26 AM
*NATURE OF BANKER-CUSTOMER RELATIONSHIP*
A customer of a Bank is a person who opened an account with a bank or who has satisfied all requirements for an account opening. *see Great Western Railway Company V London and County Banking Co, and woods vs Martin's Banks* respectively. In *Akwule V Reginam*, the court noted that “banker” refers to the company licenced to carry on banking business.
The earliest banking with goldsmith seemed like bailment until the goldsmiths realised that the coins could be lent out. After concluding that a banker-customer relationship exists, the next question to ask is: how should such relationship be regulated? What are the rights and obligation of the parties based on their relationship?
It has generally been accepted that they stand in a debtor-creditor relationship.
Where the bank receives deposits of cash from the customer. (Here the bank is the debtor of the customer and should pay on demand).
Where the bank loans money to its customer. (Here, the banker is the creditor and the customer is the debtor).
In *Foley V Hill, the appellant claimed that his bank should render accounts and profits on how his money was being used. lord Cottenham noted that the relationship is debtor-creditor rather than bailment. To this effect, the bank can utilise customer’s money without prior permission of the customer… subject to the condition that it shall be repaid on demand. The court in *Joachimson V Swiss Bank Corporation followed the above position… Atkin J added that the bank should only pay on demand during working hours and in the branch of initial payment (technology now makes payment flexible). The customer owes a duty to take proper care in executing his order so as not to mislead the bank or facilitate forgery. The debtor-creditor position has also been maintained in the following cases: Osawaye V National Provincial Bank Ltd; Carr V Carr; Sims V Bond, Yusuf V Co-operative Bank Ltd etc*
*BY*
*FELIX CHIBUIKE*
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