E.D.TSOKWA & SONS COMPANY LTD. V. UNION BANK OF (NIG.) LTD.
(1996) JELR 35674 (SC)
Supreme Court
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SC.60/1989
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20 Dec 1996
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Nigeria
Coram
ABUBAKAR BASHIR WALI JSC;
MICHAEL EKUNDAYO OGUNDARE JSC;
EMMANUEL OBIOMA OGWUEGBU JSC;
UTHMAN MOHAMMED JSC;
ANTHONY IKECHUKWU IGUH JSC;
Appearances
T.E. Williams, Esq. For Appellant
G.O.K. Ajayi, SANS.A. Sowemimo, Esq. For Respondent
Judgement
<p>WALI, J.S.C. (Delivering the Leading Judgment) The claims of the appellant as set out in his Amended Statement of Claim are as follows:-</p><p> "(1) A declaration of the court that the plaintiff is not indebted to the first defendant to the sum of N736,812.29 as at 31st March, 1983. </p><p> (2) A declaration that the defendants were in error when they charged/debited the plaintiff's account with interest of N117,939.91 - calculated on disputed sum/debt from 5/6/81 to 3/3/83.</p><p> (3) A declaration of the court of the actual financial position of the plaintiff at the defendants' branch Gboko.</p><p> (4) An order of the court compelling the defendants to rectify their books of accounts to reflect the actual indebtedness of the plaintiff as at 31st March, 1983."</p><p> The respondent in answer to the Amended Statement of Claim filed an Amended Statement of Defence in which the crucial averments in the said Amended Statement of Claim were denied.</p><p> After pleading were settled, the case went to trial in which each side callโฆ</p>