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TSOKWA MOTORS (NIG.) LTD. V.UNITED BANK FOR AFRICA PLC.

(2008) JELR 41798 (SC)

Supreme Court  •  SC.193/2000  •  11 Jan 2008  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; DAHIRU MUSDAPHER JSC; ALOMA MARIAM MUKHTAR JSC; IKECHI FRANCIS OGBUAGU JSC; PIUS OLAYIWOLA ADEREMI JSC;

Judgement

P.O. ADEREMI, J.S.C (Delivering the Leading Judgment): The appeal in this matter is against the judgment of the Court of Appeal (Jos Division) in appeal No. CA/J/78/98 delivered on the 10th of April, 2000. The appellant, as plaintiff before the High Court of Justice sitting at Yola, Gongola State; per paragraph 15 of its amended statement of claim dated 4th November 1996, claimed against the respondent, who was the defendant before that court the following reliefs: -

"(1) A declaration that the plaintiff is not indebted to the defendant in the sum of N773,386.45 or any sum at all.

(2) A declaration that the actual positions of the Plaintiff's accounts are as follows:-

(a) Account No. 1025 at 31/12/86 was N897,137.27k credit and not N352,066.64k as per statement of account given to the plaintiff.

(b) Account No. 1722 as at 4/2/86 was N1,095,732.20k credit and not N2,609.32k debt as per the statement of account given to the plaintiff.

(3) A declaration that the defendant is not entit…

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