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FIRST BANK NIGERIA PLC V. FAIKO NIG. LIMITED

(2007) JELR 33054 (CA)

Court of Appeal  •  CA/B/170/2003  •  6 Jul 2007  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; STANLEY SHENKO ALAGOA JCA; ALI ABUBAKAR BABANDI GUMEL JCA;

Judgement
<p>STANLEY SHENKO ALAGOA (J.C.A) (Delivering the leading : ): This is an appeal against part of the judgment of J. O. Falodun. J of the High Court of Justice Akure Ondo State delivered on the 31st May 1999 in Suit No. AK/11/94 FAIKO NIG. LTD V. FIRST BANK OF NIG PLC in which the learned trial Judge in dismissing the Respondent's claim also dismissed the Appellant's counter claim with these words "The defendant also counter claimed for N2,298,705.08. The rule is that the particulars of a counter claim must be pleaded and that evidence must be adduced to support the facts pleaded. In this case there is no evidence in support of the amount claimed. The defendant's counter claim fails." It is this part of the judgment dismissing the Appellant's counterclaim that this appeal is all about.</p><p> The facts of this case are that the Respondent as plaintiff had commenced this suit by a writ of summons dated the 11th March 1994 seeking the following reliefs which are also contained in its statemen…</p>

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