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THE ATTORNEY-GENERAL, BENDEL STATE & ORS. V. UNITED BANK FOR AFRICA LIMITED

(1986) JELR 42603 (SC)

Supreme Court  •  SC.66/1985  •  10 Jul 1986  •  Nigeria

Coram
MOHAMMED BELLO JSC; KAYODE ESO JSC; MUHAMMADU LAWAL UWAIS JSC; DAHUNSI OLUGBEMI COKER JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Appearances
T. A. Akomolafe- Wilson (Mrs.) Principal State Counsel For Appellant Chief F.RA. Williams, SAN (with him T. E. Williams) For Respondent

Judgement

COKER, J.S.C. (Delivering the Leading Judgment): The parties in this appeal are customers and Banker. The Appellants were the plaintiffs in the High Court of Bendel State, while the respondent, the defendants. The three Plaintiffs are:-

(1) The Attorney-General of Bendel State, (as the legal representative of Bendel State)

(2) Bendel Newspapers Corporation and

(3) Ethiope Publishing Corporation

The last two being State Statutory Corporations. The Mid-West Mass Communication Corporation (hereinafter described as M.M.C.C.) before its dissolution was also a State Statutory Corporation and the Plaintiffs are its successors as regards the transaction leading to these proceeding.

The learned trial Judge found that the three Plaintiffs could in law institute the present action. The finding bas not been questioned in this Court and I say no more about it. The facts of the case are as follows:

The M.M.C.C. agreed with one Wilhelm Stiber to buy an Aircraft Per a pro-forma invoice dated 25/3/75…

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