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FIRST BANK OF NIGERIA PLC V. NAMOL PAVERPAC NIGERIA LTD

(2007) JELR 55017 (CA)

Court of Appeal  •  CA/L/423/2001  •  10 Jul 2007  •  Nigeria

Coram
DALHATU ADAMU OFR, JCA (Presided) PAUL ADAMU GALINJE JCA (Read the Lead Judgment) HUSSEIN MUKHTAR JCA

Appearances
Mr. Ola Apalara - for the Appellant . -*- Mr. Olusegun Williams - for the Respondent . A

Judgement

GALINJE JCA (Delivering the Lead Judgment): On the 3rd of June 1997, judgment was delivered in favour of the respondent herein in suit No. LD 2605/90 by Adeyinka J of the Lagos High Court against the appellant herein in the following terms:- “Judgment is hereby entered for the sum of 22,000 U.S. dollars (twenty-two thousand U.S. dollars) or its naira equivalent as at November 1990 being special damages and the sum of N500,000.00 (five hundred thousand naira) being general damages for the negligence of the defendantin the issuance to the plaintiff of the bank draft No. 737831 of the 29th November, 1990 which was dishonoured.” After this judgment, the appellant was not happy. Being unhappy and aggrieved, the appellant filed a notice of appeal dated 10th of June 1997 against the said judgment at the Court of Appeal, Lagos Division. In the interim, the respondent set in motion the process of enforcement of the judgment aforesaid. The respondent and the bailiff armed with Judgment form…

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