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UNITED BANK FOR AFRICA PLC v. ALHAJI ABDULFATAI SALMAN

(2018) JELR 38340 (CA)

Court of Appeal  •  CA/IL/45/17  •  27 Apr 2018  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of the Kwara State High Court presided over by A.S. Oyinloye, J. delivered on the 25th day of January, 2017.

The respondent as claimant at the trial Court claimed against the appellant by a writ of summons taken out on the 19th day of July, 2013for the following reliefs:

(1) A Declaration that the dishonor of the claimants withdrawal slip is null and void and a flagrant breach of the Defendants contractual duty to the claimant.

(2) A sum of N5m (five Million Naira) only being the general damages for breach of contract, negligent (sic) and loss of reputation.

The background facts are that the respondent operated the following accounts with the Appellant:

(1) Current account with account number 1011721601 (Exhibit D1)

(2) Loan account with account number 0055C100014988 (Exhibit D3A)

(3) Savings account with account number 2052907171 (Exhibit D2)

On the part of the Appellant, it was made out that the R…

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