AFRIBANK NIGERIA PLC. V. MR. CHIMA AKWARA
(2006) JELR 49496 (SC)
Supreme Court
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SC.186/2001
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27 Jan 2006
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Nigeria
Coram
SYLVESTER UMARU ONU JSC;
NIKI TOBI JSC;
GEORGE ADESOLA OGUNTADE JSC;
MAHMUD MOHAMMED JSC;
IKECHI FRANCIS OGBUAGU JSC;
Appearances
C.O. Olisa Abutu, Esq For Appellant
Uche Nwokedi, Esq. (with him, Mr. John Erameh, Chief (Mrs)M.A. Obegolu and Jideofor Edoga, Esq.) For Respondent
Judgement
<p><strong>OGUNTADE, J.S.C. (Delivering the Leading Judgment): </strong>The respondent, as the plaintiff, issued his writ of summons against the appellant (as the defendant) on 11-4-90 at the Aba High Court of Imo State claiming the following:</p><p> "(a) An order of this Honourable court directing the defendant to transfer to the plaintiff's overseas customer as contained in BILL NUMBER BC. 1406/81 namely NEWBY IRON FOUNDERS LIMITED OF WEST MIDLANDS the sum of 'a317,647.00 (Seventeen Thousand Six Hundred and Forty Seven Pounds Sterling) as contracted between them.</p><p> (b) 20% (Twenty per centum) interest on the said sum of 17,647.00 from July 1982 till judgment is delivered.</p><p> (c) 4% (Four per centum) interest on the said sum from the date of judgment until completely liquidated.</p><p> (d) ₦4m (Four Million Naira) damages for libel</p><p> (e) ₦6m (Six Million Naira) special and general damages for negligence.</p><p> Particulars of special damages</p><p> (i) 252,000 pieces of water pipe fittings at ₦17.00 (Seventeen Naira) loss per pipe fittin…</p>