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MR. EMEKA JUDE NWATU & ORS v. UNIC INSURANCE PLC

(2018) JELR 38439 (CA)

Court of Appeal  •  CA/E/206/2012  •  13 Jul 2018  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; IGNATIUS IGWE AGUBE JCA; JOSEPH TINE TUR JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice, Enugu State, delivered by Hon. Justice B.E. AGBATA on 31/01/12 wherein the learned trial judge struck out the suit by the Plaintiff/Appellants on the ground of want of jurisdiction.

The Appellants commenced an action against the Respondent by filing a Writ of Summons on 21/2/2011 jointly suing for breach of contract and claiming three declaratory reliefs, special damages, general damages and exemplary damages. The claim as contained on Pg. 8 of the record is set out below:

i. A declaration that the defendant breached the contract between it and each of the plaintiffs. And that the Plaintiffs are entitled to the accumulated debt owed the Plaintiffs totaling N1,255,056.22, and that the plaintiffs are entitled to interest on their total deposit having been kept out of use of their money.

ii. A declaration that the Defendant issued its ACCESS BANK PLC cheā€¦

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