The Court of Appeal has held that failure of a bank to pay a customer through the ATM when the customer has enough money in the account is a breach of duty of care and contract. The customer is entitled to damages.
The Court in the case of Moses Jwan v Ecobank, [2021] 10 NWLR (Pt. 1785) 449 at 485 per Aliyu JCA held,
"The ATM card issued by a bank being akin to a cheque, must be honoured on request once there is enough funds in the customer's account, and failure to do that mean the bank is in breach of duty of care owed to it's customer."
The Court of Appeal granted the sum of N500,000 general damages for failure of Ecobank to pay its customer the sum of N10,000 through its ATM.
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