Bank failed to prove the amount stated to be due and owing in debt claim

Debt recovery – summary summons proceedings – appeal of High Court judgment in favour of the plaintiff bank in the sum of €70,007.18 – whether the bank’s grounding affidavit failed to comply with the requirements of the Banker’s Books Evidence Act 1879, thus rendering it inadmissible as hearsay evidence – whether the bank in its verifying affidavit, had failed to prove the amount stated to be due and owing in the special indorsement of claim – O.37 r.1 of the Rules of the Superior Courts – bank has not proved its entitlement to obtain summary judgement as against the customer for €70,007.18 while claimed in the notice of motion, it is not the customer’s liability as advised in the special indorsement of claim – customer is entitled to a straightforward, clear and unambiguous statement on affidavit demonstrating how the sum claimed in the notice of motion is lawfully due and owing – set aside order of the High Court – appeal allowed.