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NIGERIA-ARAB BANK LIMITED V. BARRI ENGINEERING NIGERIA LTD.

(1995) JELR 46027 (SC)

Supreme Court  •  SC.1/1994  •  19 Sep 1995  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC; YEKINI OLAYIWOLA ADIO JSC;

Appearances
Ademola Akinrele (with him, Ikechi Mgbeoyi) For Appellant F.O. Fagbohungbe (with him, Ayo Ajayi) For Respondent

Judgement

BELGORE, JSC (Delivering the Leading Judgment): The appellant was the defendant at the trial High Court. It was sued for damages in negligence by the respondent who claimed that the appellant negligently handled the processing of three letters of credit whereby the respondent suffered substantial loss and damages. After offering of evidence by both parties on their pleadings, and addresses by their respective counsel, the learned trial Judge who heard the case up to this stage in the open court adjourned for judgment to 29th August 1991. On that day, he, for no reasons advanced to either party, called the counsel to his chambers and delivered his judgment there granting all the prayers of the plaintiff, now respondent. The appellant then appealed to the Court of Appeal which upheld the judgment given by the trial Court in Chambers but reduced the claim for general damages from five million Naira (N5,000,000.00) to five hundred thousand Naira(N500,000.00).The Court of Appeal upheld the…

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