ALHAJI OLALEKAN V. WEMA BANK PLC
(2006) JELR 48724 (SC)
Supreme Court
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SC.229/2000
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7 Jul 2006
•
Nigeria
Coram
SYLVESTER UMARU ONU JSC
UMARU ATU KALGO JSC
IGNATIUS CHUKWUDI PATS-ACHOLONU JSC
DAHIRU MUSDAPHER JSC
GEORGE ADESOLA OGUNTADE JSC
Appearances
Oluwole Aina, Esq. (with him, Akinsola Olujinmi, Esq.) For the Appellant;
R. A. Ogunwole, Esq. For the Respondent.
Judgement
<p><strong>ONU, J.S.C. (Delivering the Leading Judgment): </strong>The plaintiff/appellant's claims in the trial court as formulated in the statement of claim at pages 33 paragraph 19 of the record are as follows: </p><p> "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. 012825 of 27/1/92 which matured for payment on 27th January, 1993 amounts to a breach of contract.</p><p> 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. </p><p> 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. </p><p> 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% per month less 17% per annum from 1st February, 1993 until the date of payment."</p><p> The trial court dismissed t…</p>