DIAMOND BANK LIMITED V. MOCOK ONU NIGERIA LIMITED

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Cross River State sitting in Calabar delivered on 7th July, 2017 in Suit No. HC/308/2016 by HON. JUSTICE EDEM ITA KOOFFREH wherein judgment was entered in favour of the Claimant against the Defendant in the sum of three million Naira being compensation and exemplary damages for the defendant's negligence.

By Writ of Summons and statement of claim filed on 22/6/2016, the Plaintiff now Respondent claimed against the Appellant herein as follows: –

(a) N500 million on the footing of compensatory and exemplary damages for the Defendant's negligence by failing to transfer funds from the Plaintiff's account to Mathew Egbeji.

Upon being served with the originating processes, the Defendant denied that it was negligent in carrying out the request of the Claimant and therefore not liable. After exchange of pleadings the matter proceeded to trial with parties leading evidence an…