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ALLIED BANK OF NIGERIA LIMITED V. JONAS AKUBUEZE

(1997) JELR 45407 (SC)

Supreme Court  •  SC.80/1995  •  20 Jun 1997  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

A. I. IGUH, J.S.C (Delivering the Leading Judgment): In the High Court of former Anambra State of Nigeria, the plaintiff, who is now the respondent, instituted an action against the appellant, who therein was the defendant, claiming as follows:-

"The plaintiff claims the sum of N1000,000.00 (One Million Naira) in damages whereof N500,000.00 (Five Hundred Thousand Naira) is general damages and N500,000.00 (Five Hundred Thousand Naira) is exemplary damages for breach of contract between the plaintiff - a trader- and the defendant - Commercial bankers - by dishonouring cheque No. C/D. ONSA 721289 for N7,100 only drawn by the plaintiff on his account No. 1028 held in the defendant's bank at No.4 Oguta Road, Onitsha and deliberate refusal of the defendant to allow the plaintiff to operate the said account thereby frustrating his business.

Further or other reliefs."

Pleadings were ordered in the suit and were duly settled, filed and exchanged.

The plaintiff who at all material times was a…

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