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BARRISTER OLALEKAN OYERINDE V. ACCESS BANK PLC

(2014) JELR 36459 (CA)

Court of Appeal  •  CA/K/110/2012  •  13 Jun 2014  •  Nigeria

Coram
ABDU ABOKI JCA; OLADOTUN A. ADEFOPE-OKOJIE JCA; AMINA AUDI WAMBAI JCA;

Judgement

AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of Kaduna State High Court delivered on the 10th February 2012 by Hon. Justice Isah Aliyu which dismissed the appellant's claim.

The appellant as plaintiff before the lower court at paragraph 19 of his statement of claim, claimed against the defendant the following reliefs;

"(i) the sum of N10,000,000 (Ten Million Naira) as damages for wrongful dishonour of the plaintiffs cheque No. 265, or in the alternative the sum of N10,000,000 as damages for negligence in the wrongful dishonour of the plaintiff's said cheque, and secondly,

(ii) interest at rate of 10% on judgment sum till same is fully liquidated."

In its 37 paragraphed statement of defence filed on the 29th June, 2010, the defendant/respondent refuted the plaintiff/appellant's claim. To answer to the new issues raised in the statement of defence, the appellant filed a reply to the Respondent's statement of defence.

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