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FIRST BANK OF NIGERIA PLC V. OLANREWAJU C1OMMERCIAL SERVICES LTD

(2006) JELR 56086 (CA)

Court of Appeal  •  CA/L/340/01  •  6 Apr 2006  •  Nigeria

Coram
ISA AYO SALAMI, OFR JCA (Presided and Read the Lead Judgment) RAPHAEL CHIKWE AGBO JCA PAUL ADAMU GALINJE JCA

Appearances
Chief T. A. Ezeobi, SAN - for the Appellant. -*- T. A. Dairo - for the Respondent.

Judgement

SALAMI, OFR JCA (Delivering the Lead Judgment): The plaintiff by its amended writ of summons claims as follows:-

Special damages in the sum of N2,029,699.50 (two million, twenty nine thousand, six hundred and ninety nine naira fifty kobo) only being the amount on unseen tellers of the plaintiff’s money diverted and suppressed into other accounts by the defendants agents between 1st January, 1989 and 1st of December, 1993.

Interest at the rate of 21% per annum on the sum of N2,029,097.50k (two million twenty-nine thousand ninety- seven naira fifty kobo) from the 1st day of December, 1993until final and full payment of the amount on unseen tellers.

(b) The sum of N50,000,000.00 (fifty million naira) being general damages for defendant’s negligence, fraud and breach of her fiduciary duty to the plaintiff.

Pleadings were ordered and exchanged the amended statement of claim, statement of defence and counter-claim as well as reply to the statement of defence and counter-claim. Before the ma…

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