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NDABA NIGERIA LIMITED & ANOR v. UNION BANK OF NIGERIA PLC & ORS.

(2009) JELR 47469 (CA)

Court of Appeal  •  CA/IL/M.71/2006  •  3 Apr 2009  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; IGNATIUS IGWE AGUBE JCA; CHIMA CENTUS NWEZE JCA;

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): By a Writ of Summons dated 20th April, 2004 the Plaintiffs now (Appellants) claimed against Defendants/Respondents jointly and severally as follows:-

"(i) The sum of N57,320,000.00 (Fifty Seven Million, Three Hundred and Twenty Naira) only being the cost of all the machines carried away by the Defendants plus;

"(ii) Cost of repair to the door and wall damaged by the Defendants estimated to cost N65,000.00;

"(iii) The sum of N5 Million Naira as damages for loss of production, suffering and inconveniences since 23rd January, 2004;

"(iv) The total claim from the Defendants jointly and severally is N62,385,000.00 being the cost of various items removed illegally from the factory site at Km 8 Yakuba Village, Ilorin - Jebba Road on 23rd January, 2004 by the Defendants, cost of repair to the door and walls damaged and general damages as a result of the action of the Defendants."

The Plaintiffs/Appellants had in the same Court e…

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