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J. O. ANOLIEFO ENTERPRISES (NIG.) LIMITED V. UNIVERSAL TRUST BANK (NIG.) LIMITED

(2001) JELR 56167 (CA)

Court of Appeal  •  CA/E/70/99  •  24 Jan 2001  •  Nigeria

Coram
JUSTIN THOMPSON AKPABIO, JCA (Presided) SULE AREMU OLAGUNJU, JCA MUSA DATTIJO MUHAMMAD, JCA (Read the Lead Judgment)

Appearances
Miss I.M. Umejiego - for the Appellant. C

Judgement

MUHAMMAD, JCA (Delivering the Lead Judgment): The claim of the respondent in this appeal, as the plaintiff at lower court, are for the following reliefs:- “(i) A declaration that the current account opened in the defendant bank by the plaintiff contained irregular and/or inaccurate or incorrect entries.

A declaration that the defendant made the irregular entries without the authority and/or consent of the plaintiff.

A declaration that the aforesaid unauthorised entries resulted in the plaintiff being over, and wrongly debited with a total sum of N4,409,467.20. An order of court compelling the defendant to refund or pay back this amount to the plaintiff.

An order of court cancelling all charges, commissions and interests charged by the defendant against the plaintiff relatingto or emanating from the aforesaid amount of N4,409,467.20

(Four million, four hundred and nine thousand, four hundred and sixty-seven naira, twenty kobo).”

Pleadings were ordered, filed and exchanged. The appellant, …

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