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SENATOR NATHANIEL ANAH, S.A.N. V. CHIEF ANTHONY EZEWEPUTA

(2009) JELR 46689 (CA)

Court of Appeal  •  CA/E/356/2006  •  31 Mar 2009  •  Nigeria

Coram
AMIRU SANUSI JCA; STANLEY SHENKO ALAGOA JCA; MOHAMMED L. TSAMIYA JCA;

Appearances
R. C. OKAFOR (MISS) For Appellant C. C. OGUEJIOFOR ESQ. For Respondent

Judgement
<p>AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of the Anambra State High Court of Justice, sitting in Onitsha, delivered on 18th September 2006 in Suit No.O/547/2005. At the High Court (hereinafter called &quot;the lower Court&quot; or &quot;the trial Court&quot;) the appellant as plaintiff thereat, sued the defendant now respondent, claiming the sum of five hundred thousand Naira only (N500,000.00) as money had and received by the defendant/respondent in cheque No. 509359 dated 2nd August 2004 for consideration which had totally failed. He also claimed interest on the said sum, at the rate of 21% per annum from 2/8/2004 until the amount is fully liquidated. Thirdly, the plaintiff/appellant also claimed the sum of thirty million Naira only (N30,000,000.00) as general damages for breach of contract.</p><p> Briefly put, the facts which gave rise to this appeal as could be gathered from the pleadings by parties, are that one Barrister Chuks Anah, the son of the plain…</p>

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