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AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment delivered on 12/11/2007 by the High Court of Justice, Enugu State (hereafter simply referred to as "the lower Court") presided over by Hon. Justice A. R. Ozoemena (hereafter simply referred to as "the learned trial Judge"). The Judgment appealed against was entered in favour of the Plaintiff by the learned trial Judge. The Plaintiff before the lower Court is now the Respondent in the instant appeal.
The case of the Respondent as set up in his Statement of Claim dated 4/12/1998 and filed on 7/12/1998 briefly stated are that the Respondent operates a current account No.391277028 with the Appellant at its branch at No.22 Okpara Avenue, Enugu. That the Respondent issued a cheque No.1450836 in the sum of N1,000,000.00 drawn on the account, to one Mr. J. Okpagu (hereafter simply referred to as "Okpagu") for the purpose of clearing the Respondent's goods to be imported from oversea…