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UNION BANK OF NIGERIA PLC V. MR N. M. OKPARA CHIMAEZE

(2006) JELR 48968 (CA)

Court of Appeal  •  CA/B/182/99  •  22 Feb 2006  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA JCA; NWALI SYLVESTER NGWUTA JCA; UWANI MUSA ABBA AJI JCA;

Judgement

U.M. ABBA AJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Edo State High Court sitting in Benin presided over by Hon. Justice V.A.O. Omage J (as he then was) delivered on the 31st day of May 1996.

The Respondent as the Plaintiff sued the Appellant as the Defendant claiming the following reliefs:-

"The Plaintiff claims against the Defendants jointly and severally the sum of thirty million Naira (N30,000,000.00K) being special and general damages for breach of contract in that on or about the 10th day of May, 1994, the Defendants at its Benin City branch, dishonoured the Plaintiff's cheque No. 85053 of 5/5/94 for N205,936.50k in favour of Lever Brothers Nigeria Plc without cause."

In the amended statement of claim filed by leave of court on 11th October, 1994, the plaintiff claimed as "particulars of special damages" as follows:-

Money deducted from Plaintiffs account N206,000,00k

Loss of profit for 1994/95 N10,000,000.00k

Solicitors fees N250,000…

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