Arim v Stanbic Bank Uganda Ltd (HCT-00-CC-CS 237 of 2010)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that a bank does not act negligently when it complies with a valid court order to transfer funds from a customer's account, even where the customer has countermanded the payment instruction. Court orders must be respected and obeyed regardless of whether they are regular or irregular, and a party knowing of such an order cannot disobey it but must apply to court for discharge. A customer's countermand does not override a subsisting court order freezing the account and directing completion of the transfer.
Outcome
Plaintiff's negligence claim dismissed; defendant bank vindicated for complying with court order
Facts
In February 2008, plaintiff Arim Felix Clive contracted with the Government of Southern Sudan to develop a computer program. On 1 June 2009, the Government remitted US$325,060 to plaintiff's account at Stanbic Bank IPS branch. On 3 August 2009, plaintiff was arrested and charged with embezzlement. Under compulsion, plaintiff instructed the bank to transfer US$190,000 back to the Government. Buganda Road Chief Magistrate's Court froze plaintiff's account and ordered the bank to withhold the money. On 13 November 2009, plaintiff countermanded the transfer instruction. His lawyers wrote to the bank on 19 November 2009 informing them of the countermand. On 18 November 2009, the Chief Magistrate's Court lifted the earlier order and directed completion of the transfer. The bank was served with this order on 19 November 2009 and transferred the US$190,000 to the Government of Southern Sudan. The DPP subsequently discontinued the embezzlement proceedings against plaintiff. Plaintiff sued the bank for negligence.
Issues
- Whether the defendant was negligent in transferring the sum of US$190,000 to the account of the Government of South Sudan.
- If so, whether such negligence caused the plaintiff any loss.
- In the alternative, whether the defendant paid out the money in obedience to the court order.
- Whether the plaintiff neglected or failed to mitigate its loss by appealing against the court order.
Orders
- The plaintiff's suit dismissed.
- Each party to bear their own costs.
Rules and key headnotes
Legislation cited (2)
Cases cited (6)
- Blyth v Birmingham Water Works Co (1856) 11 Exch 781
- Hall v Brooklands Auto Racing Club [1933] 1 KB 205
- Housing Finance Bank Ltd v Edward Musisi (Miscellaneous Application No. 158 of 2010)
- Stanbic Bank v Commissioner General Uganda Revenue Authority (HC-MA No. 0042 of 2010)
- Chuck Vs Cremer ( I Coop Temp Cott 342)
- Hadkinson v Hadkinson
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.