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UNITED BANK FOR AFRICA PLC v. OLA-OLUWA AINA WIRE INDUSTRY (NIG) LTD & ANOR

(2016) JELR 37036 (CA)

Court of Appeal  •  CA/AK/176M/2013  •  19 Feb 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment):?This is an appeal against the decision of the Honourable Justice S. Oyejide Falola sitting at the High Court of Osun State, Osogbo delivered on 21st June 2013.

The Respondents as Plaintiffs took out a Writ of Summons dated 21st August 2007 against the Appellant as Defendant.

By paragraph 62 of the Respondents' Consequential Amended Statement of Claim of 22/7/2013. The Respondents (Plaintiffs) claimed as follows:

a. An order directing the Defendant to refund forthwith to the Plaintiff the sum of N594, 696,982.54 representing excess and wrongful charge on the Plaintiffs account with the Defendant.

b. An order directing the Defendant to pay to the Plaintiff the mandatory 100% penalty on the sum certain of excess bank charges in (g) above arising from the provision of the Monetary, Credit, Foreign Trade and Exchange Policy No. 37 of 02/2004 and subsequent years in which the Defendant failed to refund to the Plaintiff within 14 …

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