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Bank Of The North Limited v. Central Bank Of Nigeria

(1972) JELR 40151 (SC)

Supreme Court  •  SC.118/1970  •  5 May 1972  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; IAN LEWIS JSC; UDO UDOMA JSC;

Judgement

I. LEWIS, J.S.C. (Delivering the Leading Judgement): In Suit No. LD/634/68 the plaintiffs' amended particulars of claim read:-

"The plaintiff's claim against the defendant is for 88,800pounds with interest thereon at 4 per cent per annum from the 2nd February, 1968 to judgment or alternatively for a declaration that the defendant is not entitled to debit the plaintiff's account with the said sum of 88,800pounds which is due and owing to the plaintiff.",

and paragraphs 3-7 of the statement of claim read:-

"3. By a confidential directive to the plaintiff dated the 23rd December, 1967 the defendant notified the plaintiff that all currency notes issued by the defendant for the years 1959 and 1965 received by the plaintiff before the 23rd January, 1968 and paid into the defendant before the 30th January, 1968 would be treated as legal tender for the purposes of crediting the plaintiff's account with the defendant or exchange of new notes to the plaintiff by the defendant.

4. Paragraph 7…

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