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JOE GOLDAY CO. LTD.& ORS V. CO-OPERATIVE DEVELOPMENT BANK PLC

(2003) JELR 48988 (SC)

Supreme Court  •  SC.128/2000  •  14 Feb 2003  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; SALIHU MODIBBO ALFA BELGORE JSC; ANTHONY IKECHUKWU IGUH JSC; SAMSON ODEMWINGIE UWAIFO JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

S. O. UWAIFO, J.S.C. (Delivering the Leading Judgment): The plaintiffs' statement of claim in this case is by any standard prolix. There are ostensibly 35 paragraphs but in effect there are in all 115 paragraphs. This is because paragraph 11 has 60 sub-paragraphs which are nearly as wordy as the main paragraphs; and paragraph 12 which deals with particulars of "false, fraudulent or excessive charges/debits on 2nd plaintiff's account" has 23 sub-paragraphs equally copious in statement. The statement of defence together with counterclaim contains 48 paragraphs and the reply to it covers 15 paragraphs. Without a doubt, enormous efforts were expended on both sides. But from my appreciation, of the available facts and circumstances, it seems to me that the litigation is founded on a charade of grievances which the 6th plaintiff made the cause of his lost fortune. In my view, the litigation by the plaintiffs was not worth the trouble at all.

The defendant is a commercial bank. It has branc…

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