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SUNDAY UDO AKPAN v. UNION BANK OF NIGERIA PLC.

(2009) JELR 33146 (CA)

Court of Appeal  •  CA/C/185/2008  •  8 Jun 2009  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; NWALI SYLVESTER NGWUTA JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

NWALI SYLVESTER NGWUTA, J.C.A.: (Delivering the Leading Judgment): As endorsed on the Writ of Summons issued out of the Registry of the High Court of Justice, Akwa Ibom State sitting at Uyo the Plaintiff now Appellant claimed the following reliefs against the Respondent, then Defendant:-

"(a). N60,000,000.00 (Sixty Million Naira) being and representing damages against the defendant in that sometime in March 2002, the defendant wrongfully dishonoured the plaintiff's N5m (Five Million Naira) cheque No. 00098176 drawn upon the plaintiff's Current Account No. 1761027219 with the defendant in Eket Branch and defamed the plaintiff in the process apart from subsequently closing the said account without the plaintiffs consent.

(b). A declaration that the wrongful dishonour of the plaintiff's cheque No. 00098176 apart from the unilateral closure of the plaintiff's Current Account No. 1761027219 by the defendant is illegal, null and void and of no effect as the said Current Account at the mater…

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