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OGUMA ASSOCIATED COMPANIES (NIGERIA) LTD V. INTERNATIONAL BANK FOR WEST AFRICA LTD.

(1988) JELR 43863 (SC)

Supreme Court  •  SC.69/1986  •  4 Mar 1988  •  Nigeria

Coram
KAYODE ESO JSC; AUGUSTINE NNAMANI JSC; MUHAMMADU LAWAL UWAIS JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC; PHILLIP NNAEMEKA-AGU JSC;

Judgement

A. G. O. AGBAJE, J.S.C. (Delivering the Leading Judgment): The Plaintiff Bank, International Bank for West Africa Ltd. sued the Defendant Company Opuna Associated Company (Nig.) Ltd. in a Warri High Court in Bendel State. By its original writ of summons filed in May, 1978, the Plaintiff Bank claimed against the Defendant Company the sum of N1,155 695.46 (One Million, One Hundred and Fifty Five Thousand Six Hundred and Ninety Five Naira, Forty-Six Kobo) being balance of money had and received by the Defendants for their use at their own request, by way of loan, over draft accommodating and/or facilities from the Plaintiffs who are Bankers. Pursuant to an order of court made by the learned trial Judge Agege J. the Plaintiff Bank was allowed to amend the claim against the Defendant Company to read the sum N1,542,294,32 and the sum of money was said to be due from the Defendant Company to the Plaintiff Bank as at 28th January, 1981 on the loan transactions between the Plaintiff and the De…

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