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TABIK INVESTMENT LTD. & ANOR V. GUARANTY TRUST BANK PLC

(2011) JELR 47719 (SC)

Supreme Court  •  SC.101/2005  •  17 Jun 2011  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; FRANCIS FEDODE TABAI JSC; JOHN AFOLABI FABIYI JSC; BODE RHODES-VIVOUR JSC;

Appearances
Mr. Bankole Falade, with him Itven Ukpono For Appellant Mr. Ademola Adeniyi, with him Oladapo Otitoju, Olushola Atanda, and Ramatu Abdulrahman (Miss) For Respondent

Judgement

A. M. MUKHTAR, JSC (Delivering the Leading Judgment): The plaintiffs' claim against the defendant as per the writ of summons in the High Court of the Federal Capital Territory are as follows:-

"(i) The sum of ₦5,000,000.00 (Five million Naira) being the value of cheque that the Defendant negligently and unethically allowed to be cleared by the unknown person.

(ii) The sum of ₦20,000,000.00 (Twenty Million Naira) being the cost purchase of the said plot of land.

(iii) The sum of ₦100,000,000.00 (One hundred Million Naira) as general damages."

Briefly put, the case of the plaintiffs was that the 1st plaintiff (a registered company) maintains a current account with the defendant's Area 3, Garki Branch, Abuja. On 9th of July 2001 the 1st plaintiff together with its Chairman/Chief Executive caused a draft to be issued from the 1st plaintiff's account in favour of Professor Michael A. Ajomo as purchase price of a plot of land in Abuja, but the draft was not received by the said beneficiary.…

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