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AFRICAN CONTINENTAL BANK PLC. v. CYPRIAN EZENWA

(2003) JELR 44094 (CA)

Court of Appeal  •  CA/PH/316/98  •  7 May 2003  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; MICHAEL EYARUOMA AKPIROROH JCA; DAVID ADEDOYIN ADENIJI JCA;

Judgement

ADENIJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Ekuma-Akama, J of the Abia State High Court, sitting at Aba, delivered on 21st October, 1996, giving judgment to the plaintiff/ respondent as claimed on the undefended list. The defendant/appellant being dissatisfied with the said judgment appealed against same filing 4 grounds of appeal in the process.

The claim of the plaintiff in the court of trial was for:

"(1) The sum of N572,585.08 (five hundred and seventy two thousand, five hundred and eighty five Naira, eight kobo) being pension and outstanding gratuity due to the plaintiff from the defendant.

(2) Interest on the said sum at the rate of 13% per annum from January, 1994, until judgment.

(3) Interest on the judgment debt at the rate of 10% per annum from the date of judgment, until fully paid."

The facts of the case are that the plaintiff/respondent an erstwhile employee of the appellant/bank was retired from the service of the bank in …

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