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GUARANTY TRUST BANK PLC v. MR. TIETCHEU WESSOMMEY DIEUDONNE

(2017) JELR 37334 (CA)

Court of Appeal  •  CA/L/26/2009  •  28 Feb 2017  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; TIJJANI ABUBAKAR JCA; BIOBELE ABRAHAM GEORGEWILL JCA;

Judgement

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Lagos State, Ikeja Division, delivered on the 21st day of December, 2007, by A. A. Phillips J. in suit No: LD/2087/2004.

The Respondent who was the Claimant at the lower Court commenced this suit against the Appellant as Defendant by Writ of summons and Statement of Claim contained at pages 1 - 9 of the Records of Appeal. The Respondent's Claims as contained at paragraph 31 of his Statement of Claim are as follows:

(i) "The sum of N3,115,121.00 (Three Million, One hundred and fifteen thousand, one hundred and twenty-one naira) as special damages suffered by the Claimant for the wrongful dishonor by the Defendant, of the Claimant's instrument/instructions for payment/withdrawal of N5,000,000.00 (Five Million naira) from his Savings Account with the Defendant on the 8th of June 2004.

(ii) The sum of U.S.$1,920,000.00 (One Million, nine hundred and twenty thousand United S…

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