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CITIBANK NIGERIA LIMITED V. GRATIS PROPERTIES LIMITED

(2015) JELR 40477 (CA)

Court of Appeal  •  CA/L/501/2004  •  16 Jun 2015  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; SIDI DAUDA BAGE JCA; JOSEPH SHAGBAOR IKYEGH JCA;

Appearances
C. Ikwuazom, Esq., with H. AbdulKareem, Esq. and Mrs. O. Ogunrinde For Appellant R. O. Aladesanmi, Esq., with G. Uwaifo, Esq. and Miss G. A. Okewole For Respondent

Judgement

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The Respondent maintained a current account at the Allen Avenue Branch of the Appellant, Ikeja, Lagos. On 16/4/2003, it issued a cheque in favour of "Integrated Environmental Control and Safety System" for N12,000.00 that was returned to the beneficiary with the inscription "Account Closed". Aggrieved by the Appellant's action, which it believed had dented it's credit and reputation, the Respondent instituted an action against the Appellant at the Lagos State High Court, wherein it claimed the following reliefs -

(a) A DECLARATION that the purported unilateral closure of the Plaintiff's Account No. 0030949005 by the Defendant is unlawful and a breach of the Defendant's duty to the Plaintiff.

(b) A DECLARATION that the inscription and publication of the words, "Account Closed" by the Defendant on the cheque dated 16/4/2003 and issued by the Plaintiff in favour of Integrated Environmental Control and Safety System, is defamato…

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