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CELESTINE ANTHONY ONOKOMMA v. UNION BANK OF NIGERIA PLC

(2017) JELR 37801 (CA)

Court of Appeal  •  CA/E/281/2013  •  10 Mar 2017  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; RITA NOSAKHARE PEMU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Anambra State, Onitsha Judicial Division, delivered by Hon. Justice P. C. Obiorah on 26/11/2012.

The Appellant as plaintiff instituted an action against the Respondent at the trial Court claiming via his Statement of Claim that the Appellant entered into a contract with the Respondent in 1981 to transfer the sum of $18,345.58 USD to his business partner in Germany- Kays Hamburg GMBH being cost of 3,500 glass sheets to be imported. The Respondent deposited the Naira equivalent of the sum of money with the Central Bank of Nigeria for onward transfer to Kays Hamburg GMBH.

However, due to a ban by the Federal Government on the importation of glass products in Nigeria, the Central Bank of Nigeria could not remit the said amount to the company in Germany. Appellant sought to recover his deposit and instituted the action seeking the following reliefs:

1. Theā€¦

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