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COMMERCIAL BANK (CREDIT LYONNAIS) NIGERIA LIMITED & ANOR V. MRS JOKE ISHOLA & ANOR

(2014) JELR 42345 (CA)

Court of Appeal  •  CA/L/58/04  •  5 Dec 2014  •  Nigeria

Coram
SIDI DAUDA BAGE JCA CHINWE EUGENIA IYIZOBA JCA ABIMBOLA O. OBASEKI-ADEJUMO JCA

Appearances
FRED ONUOBIA ESQ. with A. G. ANAFI ESQ. For the Appellant; CLEMENT ONWUENWUNOR ESQ. For the Respondent.

Judgement


CHINWE EUGENIA IYIZOBA, J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling of Ojikutu-Oshode J. of the High Court of Lagos State in Suit No. LD/52/2001 delivered on the 23rd day of October 2003. By a Writ of Summons and Statement of Claim both dated the 9th of January 2000, the Plaintiffs/Respondents sought the following reliefs at the lower court:

(a) The sum of ₦124,820.00 (One Hundred and Twenty-Four Thousand Eight Hundred and Twenty Naira) being the sum paid by the 2nd Plaintiff on behalf of the 1st Plaintiff into account number 070005061-1 which the Defendants have refused to credit with the said sum;

(b) Alternatively, an order compelling the Defendants to forthwith credit account number 070005061-1 with the sum of ₦124,820.00; and

(c) ₦500,000.00 (Five Hundred Thousand Naira) as general and special damages for loss of business and inconvenience caused to the Plaintiffs.

On May 8, 2002, in the course of trial before the lower court, the Respondents cal…

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