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DIAMOND BANK LTD. V. PARTNERSHIP INVESTMENT CO. LTD & ANOR

(2009) JELR 47499 (SC)

Supreme Court  •  SC.26/2002  •  18 Dec 2009  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC; MAHMUD MOHAMMED JSC; IKECHI FRANCIS OGBUAGU JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC; MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC;

Judgement

I. F. OGBUAGU, JSC: (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Lagos Division (hereinafter called "the court below") delivered on the 19th December, 2002 dismissing the appeal of the Appellant to it and affirming the Judgment of the trial High Court - per Rhodes-Vivour, J. (as he then was) delivered on 12th April, 2000.

Dissatisfied with the said decision, the Appellant has further appealed to this Court It filed two separate Notices and Grounds of Appeal firstly, on 20th December, 2002 with two Grounds of Appeal and the second one on 8th January, 2003 with three Grounds of Appeal and which without their particulars, read as follows: .

"GROUND 1

The learned Appellate Judges (sic) erred in law and thereby came to a wrong decision when they held at page 12 of the judgment that: "it has been shown that Appellant owed the 1st Respondent a duty of care, it has been shown that Appellant has breached this duty. Damage as a result of theā€¦

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