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MRS. FELICIA DUROWAIYE v. UNION BANK OF NIGERIA PLC

(2014) JELR 36192 (CA)

Court of Appeal  •  CA/IL/61/2014  •  19 Dec 2014  •  Nigeria

Coram
MOHAMMED LADAN TSAMIYA JCA; CHIDI NWAOMA UWA JCA; MUSA HASSAN ALKALI JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A.(Delivering the Leading Judgment): This appeal is against the decision of the Kwara State High Court presided over by S. D. Kawu, J delivered on 17th September,2013. The learned trial judge gave judgment to the claimant (now appellant) only in the sum of N31,392.90k on her old account number 15:435 with interest to be paid at the then prevailing rate calculated from 2nd May, 1994 till 15th November, 1994 and N2,547.76k in the new account number 3182000061745. All other claims under different heads were dismissed.

The Appellant had instituted this action in the Lower Court against the Respondent as follows:

i. "A DECLARATION that the defendant is breaching her duty to the claimant by her misrepresentation to the claimant to pay money for re-activation of her old account in the bank without the Defendant intention (sic) to really effect such re-activation for the claimant benefit,

ii. AN ORDER to pay the claimant the sum of N31,392.90 that has been the balance fr…

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