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ECHO ENTERPRISES LIMITED V. STANDARD BANK OF NIGERIA LIMITED & ANOR

(1988) JELR 46594 (CA)

Court of Appeal  •  CA/E/35/83  •  19 Oct 1988  •  Nigeria

Coram
WALLACE RONALD TISLINGTON MACAULAY JCA; GEORGE ADESOLA OGUNTADE JCA; SAMSON ODEMWINGIE UWAIFO JCA;

Judgement

SAMSON ODEMWINGIE UWAIFO, J.C.A. (Delivering the Leading Judgment): The two main issues which I have found relevant for consideration in this appeal are: (a) Whether the business transactions of the plaintiffs with an overseas company known as Lonrho Exports Limited (Lonrho) were cancelled owing to delay by the second defendant to take action for some money to be remitted to Lonrho on behalf of the plaintiffs. (b) Whether the plaintiffs suffered loss thereby. It was also canvassed whether the cause of action relied on by the plaintiffs could be founded on breach of contract as well as the tort of negligence or in the alternative.

I wish to remark that in none of the Briefs of Argument filed were any issues for determination raised. There is need to always comply with the rules of Brief writing in order that relevant issues may be considered as a guide: see Anyaoke v. Adi (1986) 3 N.W.L.R. (Pt.31) 731 S.C.; Eze v. RePublic (1987) 1 N.W.L.R. (Pt.51) 506 S.C.; Engineering Enterprise v. A…

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