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FAIRLINE PHARMACEUTICAL INDUSTRIES LTD & ANOR V. TRUST ADJUSTERS NIGERIA LTD

(2012) JELR 47496 (CA)

Court of Appeal  •  CA/PH/300/2007  •  11 Dec 2012  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; MOJEED A. OWOADE JCA; HARUNA S. TSAMMANI JCA;

Judgement

HARUNA SIMON TSAMMANI, JCA: (Delivering the Leading Judgment): This appeal is against the judgment of N.C. Oni; J of the Abia State High Court delivered on the 15th day of March, 2006.

The Respondent as Plaintiff at the court below, had taken out a Writ of Summons against the Appellants, as Defendants, where by paragraphs 23 of the Statement of Claim, the Respondent claimed as follows:

"23. Wherefore the Plaintiff claims against the Defendant jointly and severely.

1. (i) a declaration that based on the Consultancy Agreement between the 1st Defendant and the Plaintiff, the Plaintiff identified that a total sum of ₦19,850,245.24 (Nineteen million, eight hundred and fifty thousand, two hundred and forty-five naira, twenty four kobo) representing excess charges which were wrongly imposed on the 1st Defendant's Account operated in First Bank of Nigeria Plc, Aba main Branch by the said First Bank of Nigeria Plc.

(ii) a declaration that based on the Consultancy Agreement between the Plaintif…

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