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UNITED BANK FOR AFRICA, PLC V. SANI ABACHA FOUNDATION FOR PEACE & UNITY & ORS.

(2002) JELR 55147 (CA)

Court of Appeal  •  CA/A/1/2001  •  10 Jul 2002  •  Nigeria

Coram
M. S. M.-COOMASSIE, JCA ZAINAB ADAMU BULKACHUWA, JCA ALBERT GBADEBO ODUYEMI, JCA

Judgement

MUNTAKA-COOMASSIE, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of the Federal Capital Territory Abuja. The plaintiffs, now respondents in their writ of summons originally placed under the undefended list claimed against the defendant, now appellant as follows:-

“1. The sum of N25.3million (twenty five million, three hundred thousand naira only) being money wrongfully and/or negligently “transferred” from the 1st plaintiff’s Account No. 201078886 with the Abuja Branch of the defendant bank.

2. Further, or in the alternative, the plaintiffs claim the said sum as a debt arising from the contract of banker/customer between the parties which debt the defendant has failed to pay despite repeated demand;

3. In the further alternative, the plaintiffs claim the said sum as their money converted by the defendant;

4. Further, or in the alternative, the plaintiffs claim the said sum as money had and received by the defendant to the plainti…

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