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ECOBANK PLC v. ALHAJI RABIU MOHAMMED

(2014) JELR 36335 (CA)

Court of Appeal  •  CA/K/111/2007  •  18 Jul 2014  •  Nigeria

Coram
ISAIAH O. AKEJU JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA; AMINA AUDI WAMBAI JCA;

Judgement

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): By an amended Statement of Claim dated 15/5/2001, the Respondent, as Plaintiff, sought, before the High court of Kaduna State, a declaration that the acts of the Appellant in the handling of the Respondent's account at its Kaduna Branch amounted to "negligence, trafficking, a breach of banker/customer duties as well as conversion of the Plaintiffs (Respondent's) funds without authority". He sought payment of the sum of N7, 797,088.00 (Seven Million Seven Hundred and Ninety Seven Thousand and Eighty Eight Naira) as special damages arising from balances held/diverted by the Appellant due to negligence. He sought, in addition for general damages of N1 Million.

The matter proceeded to trial and Judgment was delivered. The Appellant was held to be in breach of the terms of its contract with the Respondent and awarded special damages of N2, 066,620.00 (Two Million Sixty Six Thousand, Six Hundred and Twenty Naira) wer…

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