You can sue a bank if their ATM fails to dispense cash to you.

by Stanley Alieke, Esq.

Let me tell you some amusing fact I’m sure you may likely not be aware of:

Do you know that you can sue a bank if their Automated Teller Machine (ATM) fails to dispense cash to you in as much as you have money in that account.

Yes, you read right!

Did that surprise you?

Well don’t take my word for it, it is the word and the decision of the court.

The Background story!

Mr. Moses G Jwan is an Eco Bank Plc customer and owns an account with bank which an Automated Teller Machine (Atm) debit card was issued to him on. He tried using the debit card to make a withdrawal in a United Bank of Africa’s Atm gallery. He was debited but cash wasn’t dispensed to him by the teller machine.

He decided to take a legal action. He sued both EcoBank Plc his bank and United Bank of Africa (UBA) the bank that owns the teller machine that didn’t dispense cash to him.

The matter was dismissed in the high court for the technicality of plaintiffs failure to discharge the burden of proof placed on him and he (Mr Moses Jwan) went on appealed and appealed to the court of appeal.

In the court of appeal, Plateau state judicial division, the court held that Automated Teller Machine (ATM) is like a Cheque and failure of it to dispense cash is a breach of Banker/customer duty in as much as the customer have withdraw-able sum in the bank account.

This case is therefore a judicial precedent, laying down the precedent that if your bank’s teller machine fails to dispense cash to you while you’ve got withdraw-able sum in the account, the bank is in breach of their duty to provide cash to you and damages will be awarded against them.

If you are interested to read up the case, the case is reported in the Nigerian Weekly Law Report (NWLR) where it is reported: Moses Jwan V. Eco Bank Plc (2021) 10 NWLR (PT 1785 ) 449 (CA)

Stanley Alieke, Esq.
08128357041

And it happened this year. Interesting.

Sometimes it is easier to wait a while for your money to be reverse than to file a case

Ok

AlhajiNatty:
And it happened this year.
Interesting.

Very interesting indeed.

ITbomb:
Sometimes it is easier to wait a while for your money to be reverse than to file a case

Going to court will always be the last resort and never the first resort.

Woww youdonmeannit?! Tenkiu oo, we learn everyday.

1F30M4:
Woww youdonmeannit?! Tenkiu oo, we learn everyday.

You’re welcome.

Exactly what happened to e in May this year,I went to withdraw at Uba , Onipan branch using Ecobank atm,I tried to withdraw 10k three times but money did not dispense and I was debited three times ,I went to complain at Ecobank and the money was reverted after 3 weeks to my surprise they deducted the money back from my account.
I went to complain again and I was told that the money I tried to withdraw were dispensed,I asked to see the video but nothing has been done till date, my 30k Is still with them .

teacherbim:
Exactly what happened to e in May this year,I went to withdraw at Uba , Onipan branch using Ecobank atm,I tried to withdraw 10k three times but money did not dispense and I was debited three times ,I went to complain at Ecobank and the money was reverted after 3 weeks to my surprise they deducted the money back from my account.
I went to complain again and I was told that the money I tried to withdraw were dispensed,I asked to see the video but nothing has been done till date, my 30k Is still with them .

This is really unbecoming.

ogastanlee:


This is really unbecoming.

It's frustrating,I've been to their bank more than 10 times because of this case.