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EDILCON NIGERIA LIMITED V. UNITED BANK FOR AFRICA PLC

(2017) JELR 38133 (SC)

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

Coram
OLABODE RHODES-VIVOUR JSC CLARA BATA OGUNBIYI JSC CHIMA CENTUS NWEZE JSC AMIRU SANUSI JSC PAUL ADAMU GALINJE JSC

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

Judgement

PAUL ADAMU GALINJE, J.S.C. (Delivering the Leading judgment): The appeal herein is against the decision of the Court of Appeal, Jos Division, delivered on the 13th April, 2000. The Appellant in this appeal, who was the plaintiff at the High Court of Plateau State, claimed against the Respondent the following reliefs:-

"1. The entire sum of N240,641.74 due to the plaintiff being balance credit in favour of the plaintiff after the overdraft is deducted from the amount credited and 21% compound interest.

2. The plaintiff also claims the sum of N150,000.00 being damages for conversion of the plaintiffs 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 N55,00.00 being damages deformation (sic) as the defendant has instructed the sale of the entire properties mortgaged by the plaintiff.

4. Perpetual injunction restraining the defendant its servants, agents or privies from selling the following propert…

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