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FIRST BANK OF NIGERIA PLC V. MAY MEDICAL CLINICS & DIAGNOSTIC CENTRE LIMITED & ANOR

(2001) JELR 34531 (SC)

Supreme Court  •  SC.184/1995  •  6 Apr 2001  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC EMMANUEL OBIOMA OGWUEGBU JSC SYLVESTER UMARU ONU JSC UMARU ATU KALGO JSC SAMSON ODEMWINGIE UWAIFO JSC

Appearances
J. B. Daudu, SAN (with him, M. M. Oyeleke and D. D. Dinilong) For the Appellant; Basil C. Nwogu, Esq. For the Respondent.

Judgement

BELGORE, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of Court of Appeal in an interlocutory matter, in the suit originating at High Court of Kaduna State presided over by Donli, J. The plaintiffs, May Medical Clinics and Diagnostic Centre Ltd. and its Managing Director, Kevin Chukwudi Nwachukwu, sued the defendant. First Bank of Nigeria Plc for dishonouring two cheques issued by 2nd plaintiff (now 2nd respondent) for the sums of N1000.00 and N1,200.00 respectively. He was claiming against the appellant "the sum of five hundred thousand Naira and interest at the rate of 25% per annum for the dishonouring of the cheques". The particulars of the claim were set out by the plaintiffs as

"1. Amount wrongfully withdrawn by the defendant account; N3,780.80

2. The amount surcharged the plaintiff by the defendant for the dishonoured cheque - N1,000.00

3. Amount spent by the Plaintiffs in their defence at the prosecution of the second plaintiff by the landlor…

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