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FIRST CITY MONUMENT BANK PLC v. THE REGISTERED TRUSTEE OF MOSES SALIHU ABU FOUNDATION

(2018) JELR 38396 (CA)

Court of Appeal  •  CA/A/166/2017  •  6 Feb 2018  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Judgement

AHMAD OLAREWAJU BELGORE, J.C.A. (Delivering the Leading Judgment): The Respondent herein was the plaintiff while the Appellant was the defendant before the High Court of the Capital Territory, Abuja (hereinafter referred to as The Trial Court). The Respondent claimed against the Appellant as follows: -

i. A Declaration that the action of the defendant in dishonouring the cheque No. 15690606 dated 9th May, 2014 issued by the plaintiff in favour of Desvic Links Nig. Ltd when there were sufficient funds in the plaintiffs account on the date of presentation of the cheque for clearing, amounts to a fundamental breach of contract and failure to carry out contractual obligation on the part of the defendant.

ii. A Declaration that the action of the defendant in returning and refusing to pay the cheque No. 15690606 dated 9th May, 2015 issued by the plaintiff in favour of Desvic Links Nig. Ltd which was presented through clearing on 12th May, 2014 when there was indeed sufficient funds in the acc…

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