Forbes, Robert v National Commercial Bank Ja Ltd, NCB Trust & Merchant Bank

IN THE SUPREME COURT OF JLIDICATURE OF JAMAICA

CLAIM NO. C L 20021 F059

BETWEEN ROBERT FORBES CLAIMANT

AND NATIONAL COMMERCIAL

BANK JAMAICA LTD lSDTEF ENDANT

AND NCB TRUST & MERCHANT BANK 2ND DEFENDANT

Crafton S. Miller and Suzette Wolfe instructed by Crafton Nliller & Co. for

Claimant

C. G. Haisley instructed by Vaccianna & Whittingham for both Defendants

Heard: June 27,28 and 29, and November 15, 2007

Beswick J.

1. Mr. Robert Forbes, the claimant, has been a good customer of National

Commercial Bank for many years. His uncontradicted evidence is that he has

limited reading and writing skills having left school when he was 12 years old in

order to sell in the market with his parents. He is now a businessman and he

says that he relies on his banker to advise him about banking matters.

2. The manager of National Commercial Bank (JA.) Ltd (NCB), Cross Roads

Branch, Mr. Kimel Allen, was Mr. Forbes' good friend and handled Mr. Forbes'

account. Mr. Forbes says that Mr. Allen was aware of his "literacy challenges"

and that Mr. Allen would simply present him with documents and tell him that

they were in respect of his account, with no detailed explanation of the

documentation. Mr. Forbes would sign the documents because he trusted Mr.

Allen and relied on him for much of the decision-making concerning his accounts.