UNITED BANK FOR AFRICA PLC V. NEW TARZAN MOTORS LIMITED

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Anambra State, sitting at Onitsha (hereinafter referred to as the Lower Court) delivered by Hon. Justice Vin Agbataon the 28th day of January, 2008. The suit was originally instituted by the plaintiff/respondent vide a writ of summons filed on the 9th day of June, 2005, wherein the Respondent claimed against the defendant/appellant in the following terms as reproduced below:

WHEREFORE the plaintiff claims from defendant the sum of N150,000.000.00 being general and special damages for wrongful deduction and breach of contract.

PARTICULARS OF DAMAGES SPECIAL DAMAGES

Deduction from plaintiffs account from 25th December, 2000 25th January, 2002

- N21,220,925.57

Interest on the amount: - N37,681,220.21

Total - N57,962,145.78

General Damages: - N91,097,854.22

Grand Total - N150,000.000.00

At the close of pleadings, both parties led evidence in proof of their respective c…