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AFRICAN CONTINENTAL BANK PLC. V. CATAPULT LIMITED & ANOR.

(2008) JELR 49233 (CA)

Court of Appeal  •  CA/E/91/2004  •  11 Apr 2008  •  Nigeria

Coram
ISTIFANUS THOMAS JCA; MOHAMMED LADAN-TSAMIYA JCA; SOTONYE DENTON-WEST JCA;

Judgement

SOTONYE DENTON-WEST, J.C.A.: (Delivering the Leading Judgment): This is an appeal brought by the Appellant against the judgment of the lower court sitting in Enugu in suit No. E/303/92. Appellant is the first defendant in the lower court whilst the 2nd defendant is the Merchant bank for African Ltd now liquidated. Both defendants were bankers. The Respondents were the plaintiffs in the court below.

The Respondents in the Court below claimed against the two defendant's damages for breach of contract, injunction and an order to reverse and release to them some irregular and wrong debits and charges made against them. The parties exchanged pleadings and later parties not being satisfied with the original pleadings both filed amended statement claim and an amended statement of defence, which were lengthy and marathon as same could be gleaned from the records. During the course of the judgment, I shall when necessary refer to salient portions of the pleadings.

However, in paragraph 20 of t…

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