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GUARANTY TRUST BANK PLC V. BARRISTER OBINNA OKEKE

(2023) JELR 110764 (CA)

Court of Appeal  •  CA/L/453/2017  •  10 Jan 2023  •  Nigeria

Coram
Obietonbara Owupele Daniel-Kalio Muhammad Ibrahim Sirajo Adebukunola Adeoti Ibironke Banjoko

Appearances
Chief Adewale Adeniji, with him, O. Olorunmiwo-Afuye, (Mrs.) for the Appellant(s) Obinna Okeke in person for the Respondent(s)

Judgement

MUHAMMAD IBRAHIM SIRAJO, J.C.A. (Delivering the Leading Judgment): By an Amended Statement of Claim dated 15th April, 2014, the Respondent as Claimant claimed against the Appellant as follows:

1. The sum of N50,000,000.00 (Fifty Million Naira) being general, exemplary and aggravated damages for wrongful dishonour of the Respondent’s said cheque No. 0000003 by the Appellant.

OR IN THE ALTERNATIVE the sum of N50,000,000.00 (Fifty Million Naira) being damages for negligence in the wrongful dishonour of the Claimant’s cheque No. 0000003.

2. Cost of this suit in the sum of N5,000,000.00 (Five Million Naira).”

​The facts of this case grounding the reliefs sought as reproduced above, before the trial Court according to the pleadings of the parties were that the Respondent as a customer of the Appellant bank operated the current account No. 0112761359 at the Appellant’s Lagos State University, Ojo Cash Centre, under the name of the Respondent’s law firm – Obinna Okeke and Co. On 26th March, 2012,…

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