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NEW IMPROVED MANIBANNC VENTURES LTD. V. FIRST BANK OF NIGERIA PLC.

(2009) JELR 47672 (CA)

Court of Appeal  •  CA/C/138/2007  •  23 Apr 2009  •  Nigeria

Coram
NWALI SYLVESTER NGWUTA JCA; JEAN OMOKRI JCA; THERESA N. ORJI-ABADUA JCA;

Judgement

JEAN OMOKRI, J.C.A. (Delivering the Leading Judgment): On 14/3/05 the plaintiff/appellant commenced Suit No. HC/114/05 by writ of summons against the defendant/respondent in the High Court of Cross River State sitting in Calabar. By a statement of claim filed on 14/3/05 and attached to the writ of summons, the appellant claimed as follows:

"For Negligence and Conversion

1. PARTICULARS OF SPECIAL DAMAGES

(a) The sum of one thousand, one hundred and eighteen U. S. Dollars (1118) being the value of the cheque/draft lodged with the defendant Calabar Main Branch.

(b) Thirty per cent (30%) interest rate per month of the value of the cheque/draft from the month of March, 2004, till judgment is delivered on compound interest.

(c) Thirty per cent (30%) per month on the judgment sum till the entire sum is liquidated.

(d) N40,000 as the cost of litigation as was the agreement between the plaintiff and Dr. Mogu.

2. General damages of Two Million Naira (N2,000,000.00)only."

The appellant, a c…

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