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ALHAJI A. OLALEKAN v. WEMA BANK PLC

(2000) JELR 43990 (CA)

Court of Appeal  •  CA/I/44/95  •  11 Jan 2000  •  Nigeria

Coram
DALHATU ADAMU JCA; FRANCIS FEDODE TABAI JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA;

Judgement

TABAI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Adeniran J. of the High Court of Oyo State delivered on the 10th of October, 1994 in which the claim of the plaintiff/appellant was dismissed. The claim contained in paragraph 19 of the statement of claim was as follows:-

"1. Declaration that the failure or refusal of the defendant to pay the plaintiff the proceeds of the fixed deposit account covered by receipt No. 012823 of 27/1/92 which matured on the 27th January, 1993 amounts to a breach of contract.

2. Declaration that the defendant is liable to pay the plaintiff the principal sum plus interest thereon on the said deposit account up till the date of payment.

3. An order directing the defendant to pay the plaintiff forthwith the principal sum plus interest at the agreed rate up till the date of payment.

4. A further order directing the defendant to pay the plaintiff by way of damages enhanced interest on the principal sum at the rate of 8% pe…

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