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PATRICK IZUAGBE OKOLO & PACE INDUSTRIES NIGERIA LIMITED V. UNION BANK OF NIGERIA LIMITED

(2004) JELR 51410 (SC)

Supreme Court  •  SC.161/1998  •  16 Jan 2004  •  Nigeria

Coram
UTHMAN MOHAMMED, JSC SYLVESTER UMARU ONU, JSC SAMSON ODEMWINGIE UWAIFO, JSC NIKI TOBI, JSC IGNATIUS CHUKWUDI PATS-ACHOLONU, JSC

Appearances
Appellants not represented. Chief E. L. Akpofure (SAN) (with him, Godwin Odiete) for the Respondents/Cross-Appellant.

Judgement

TOBI, JSC (Delivering the Lead Judgment): This appeal concerns bank/customer relationship. The appellants are the customers. The respondent is the bank. The case of the appellants is that the respondents failed to comply with foreign exchange transactions involving the transfer abroad timeously of the foreign exchange or currency equivalent of N239,143.00 to cover cost of goods supplied to them by their overseas customers, thus causing business loss to the appellants. The appellants alleged negligence on the part of the respondent.

The appellants asked for the following reliefs:

“(a) An order for account of all monies paid into and debited against 2nd plaintiff’s account or account with the defendant from 1986 till date and reversal of all wrongful and illegal debits made by the defendant on the said accounts from 1986 till date and payment over to the 2nd plaintiff of all monies excessively debited with interest at prevent (sic) long bank rate.

(b) An order of perpetual injunction r…

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