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NIREKO ENTERPRISES LIMITED v. FIRST BANK OF NIGERIA PLC

(2000) JELR 44198 (CA)

Court of Appeal  •  CA/E/201M/98  •  12 Jul 2000  •  Nigeria

Coram
EUGENE CHUKWUEMEKA UBAEZONU JCA; SULE AREMU OLAGUNJU JCA; MUSA DATTIJO MUHAMMAD JCA;

Judgement

UBAEZONU, J.C.A. (Delivering the Lead Ruling): In an action commenced by the plaintiff/applicant at the High Court Awka, Anambra State, it claimed against defendant/respondent the following reliefs:

"(a) N3.8 million (Three million eight hundred thousand naira) being loss of profit suffered by the plaintiff in consequence of the wrongful dishonour by the defendant of cheque No.HV00662438 of 14/9/95 issued to the plaintiff by the Anambra State Local Government Joint Service Committee.

(b) Interest at 10% on the judgment award until payment.

(c) N380,000.00 (three hundred and eighty thousand Naira) being fair and reasonable fees agreed to be paid as solicitor's fees."

Pleadings were duly filed and exchanged, PW1 testified. Following a motion by the defendant/respondent to dismiss the suit for lack of capacity and locus in the plaintiff to bring action, the court on 24th July, 1997, in a considered ruling, dismissed the motion and adjourned the case for continuation of hearing. Against t…

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