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TSOKWA MOTORS NIGERIA LTD. & ANOR V. UNION BANK OF NIGERIA LIMITED

(1996) JELR 48777 (SC)

Supreme Court  •  SC.122/1990  •  4 Oct 1996  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

OGUNDARE, J.S.C. (Delivering the Leading Judgment) The plaintiffs sued the defendant/Bank in the High Court of Benue State holden at Gboko claiming as hereunder:

"(a) 1st Plaintiff Claims

N1,873,830.82k (One million Eight hundred and seventy three thousand eight hundred and thirty naira eighty two Kobo) as

Special Damages.

(b) 2nd Plaintiff claims:

(a) Certificate of Occupancy No. 05/133

(b) Import Licence No. 79-0003797

(c) Certificate of Occupancy NO. 05/544

(d) Import Licence No. 80-H000852

(e) Exchange Control Form 'M' of 29/1180

(f) Proforma Invoice (2 in number)

(g) Statement of Account for the year 1979

(h) Articles and Memo of Association for 1st plaintiff.

(c) General Damages ..N50,000.00"

Pleadings were ordered, filed and exchanged, with leave of Court. The defendant filed an amended statement of defence and counterclaim. The plaintiffs also filed a defence to the counterclaim. In the counter-claim the defendant/Bank claimed the sum of N837.405,55 "being the balance remainiā€¦

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