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FIRST CITY MONUMENT BANK PLC V. ABDUL GAFARU & COMPANY LIMITED & ORS

(2017) JELR 34334 (CA)

Court of Appeal  •  CA/MK/73/2012  •  13 Feb 2017  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ONYEKACHI AJA OTISI JCA; JOSEPH EYO EKANEM JCA;

Appearances
M. O. Ozueh, Esq. For Appellant Wale Balogun, Esq. For Respondent

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is predicated on the Judgment of the High Court of Justice Nasarawa State sitting in Akwanga, in suit no. NSD/K34/2009, delivered on the 15th March, 2012 by Viko, J.

The Respondents (as Plaintiffs) commenced this action in the Nasarawa State High Court vide a writ of summons filed on 02-02-09 against the Defendant (now Appellant) claiming the following reliefs:

(i) N113,651,250.31 being 20% interest on investment rolled over from day to day on the sum of Three Billion and Forty Million, Ninety Four Thousand, Three Hundred and Ninety Three Naira, Fifty seven Kobo (N3,040,094,393.57), being plaintiffs' money or credit in their account with the Defendant from 30th day of October, 2008 to 5th January, 2009.

(ii) Twenty Five Million Naira (N25,000,000.00) being the amount paid as legal expensed imposed and incurred as a result of litigation in various Courts;

(iii) Five Hundred Million Naira (N500,000,000.00) being Ge…

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