Witness tells court how his money was allegedly withdrawn
He said USD$780.92 was illegally withdrawal from his bank account. In his testimony before Justice Beatrice Oke-Lawal, the witness said he is a customer with multiple accounts with the defendant bank.
Led in evidence by the claimant counsel, Mr Ikechukwu Ikeji, the witness stated tahat on 24th of April, 2014, a received call at 3:59am from officer of the bank (defendant) with phone number 012808427 requesting to know if he was in the United State of America, that there are activities going on in his account via his dual currency Visa Card.
He said he was on his bed in Lagos, noting that his card was in his physical possession at that time. “I immediately requested that the officer to disable the card forthwith since I was not making any transaction,” he said.
The claimant therefore urged the court to order the defendant to pay back his money. Under cross examination, the witness admitted that he has many account with the bank. He said: “I have Naira account, Dollar domicilliary account, Pounds domicilliary account and Master card. I have debit card link with two of them.
“When the officer of the bank called me at 3.59 am requesting to know if I was in USA, I told him, I am on my bed in Lagos. I told him to disable the card. It was not until about 4.27am that the defendant officer called back to confirm that he has disabled the card.”
In his statement of claim, Babalola is asking for special damages for the sum of USD$780.92 being money unlawfully withdrawn from his account by means of dual currency Visa Card, an order directing the bank to pay N1.2 million for exemplary damages and litigation cost.
The bank in his statement of defence, stated that in its findings, the claimant’s card data and sensitive authentication data have been compromise during prior transaction. Justice Oke-Lawal subsequently adjourned till February 27, 2017 for defendant to open its defence.
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