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UNITED BANK FOR AFRICA LTD. v. TEJUMOLA & SONS LTD.

(1988) JELR 33202 (SC)

Supreme Court  •  SC.31/1987  •  27 May 1988  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; AUGUSTINE NNAMANI JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC; PHILLIP NNAEMEKA-AGU JSC;

Judgement

A. G. O. AGBAJE, JSC (Delivering the Leading judgment): The Plaintiff Company, Tejumola and Sons Ltd., sued the Defendant Bank, United Bank for Africa Ltd. in a Lagos High Court claiming against it as per the indorsement on its Writ of Summons dated 3rd August, 1983 as follows:-

"The Plaintiff's claim against the Defendant is for the sum of ₦2,000,000.00 (Two million Naira) being special and general damages for the breach of contract entered into between the Plaintiff and the Defendant in or about April 1982 in Lagos, the breach having occurred also in Lagos in or about October, 1982."

Pleadings were ordered, filed and delivered. The case proceeded to trial before Ayorinde J. The contract alleged by the Plaintiff as existing between it and the Defendant Bank and in respect of which damages were being claimed by the Plaintiff from the Defendant for its breach by the latter was pleaded as follows in paragraphs 9, 10, 11 and 12 of the Plaintiff's Statement of Claim:-

"9. Thereafter, nego…

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