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AFRIBANK NIGERIA PLC. V. MR. CHIMA AKWARA

(2006) JELR 49496 (SC)

Supreme Court  •  SC.186/2001  •  27 Jan 2006  •  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> &quot;(a) An order of this Honourable court directing the defendant to transfer to the plaintiff&#x27;s overseas customer as contained in BILL NUMBER BC. 1406/81 namely NEWBY IRON FOUNDERS LIMITED OF WEST MIDLANDS the sum of &#x27;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>

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