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SANI ABACHA FOUNDATION FOR PEACE & UNITY & ORS V UNITED BANK FOR AFRICA PLC.

(2010) JELR 57800 (SC)

Supreme Court  •  SC.14/2003  •  25 Feb 2010  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU CJN (Presided) GEORGE ADESOLA OGUNTADE JSC (Read the Lead Judgment) ALOMA MARIAM MUKHTAR JSC WALTER SAMUEL NKANU ONNOGHEN JSC CHRISTOPHER MITCHEL CHUKWUMA-ENEH JSC

Appearances
J.C. Ezike Esq. for the Appellants; Oluwakemi Balogun Esq. (with him, Moyosore Onigbanjo Esq.) for the Respondent.

Judgement

OGUNTADE JSC (Delivering the Lead Judgment): The appellants were the plaintiffs at the High Court of the Federal Capital Territory, Abuja where they claimed against the respondents as follows:

“1. The sum of N25,300,000.00 (twenty-five million, three hundred thousand naira only) being money wrongfully and/or negligently “transferred” from the plaintiffs’ account No. 201078886 with the Abuja branch of the defendant bank.

2.Further or in the alternative, the plaintiffs claim the said sum as a debt which debt the defendant has failed to pay despite repeated demands.

3.In the further alternative, the plaintiffs claim the said sum as their money converted by the defendant.

4.Further, or in the alternative, the plaintiffs claim the said sum as money had and received by the defendant to the plaintiffs’ use.

5.A consecutive and cumulative claim of interest on the said sum at the rate 21% per annum from 7 July 1998 until payment.”

The parties filed and exchanged pleadings. On 8 March 2000, …

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