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EDILCON NIGERIA LTD V. UNITED BANK FOR AFRICA PLC

(2017) JELR 54854 (SC)

Supreme Court  •  SC.122/2001  •  5 May 2017  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC (Presided) CLARA BATA OGUNBIYI JSC CHIMA CENTUS NWEZE JSC AMIRU SANUSI JSC PAUL ADAMU GALINJE JSC ( Read the Lead Judgment)

Appearances
Solomon E. Umoh SAN (with him, Chidimma Dioji (Miss), Felix Abiodun Esq.) - for the Appellant. E -*- G. Ofodile Okafor SAN (with him, Philemon Tunyang Esq., -*- D. A. Dalong Esq., Joy Onyekwuluje and Ngozi Ofodile- Okafor) - for the Respondent.

Judgement

GALINJE JSC (Delivering the Lead Judgment): The appeal herein is against the decision of the Court of Appeal, Jos Division, delivered on 13 April 2000. The appellant in this appeal, who was the plaintiff at the High Court of Plateau State, claimedagainst the respondent the following reliefs: “1. The entire sum of N240,641.74 (two hundred and forty thousand naira, seventy-four kobo) due to the plaintiff being balance credit in favour of the plaintiff after the overdraft is deducted from the amountcredited and 21% compound interest. 2. The plaintiff also claims the sum of N150,000.00

(one hundred and fifty thousand naira) being damages for conversion of the plaintiff’s aforesaid amount being money had and received but the defendant converted same to its personal use. 3. That the plaintiff also claims the sum of N55,000.00 (fifty-five thousand na ira ) being da mages for deformation ( sic ) as the defendant has instructed the sale of the entire properties mortgaged by the plaintiff. 4…

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