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UNION BANK OF NIG. PLC. V. ESKOL PAINTS NIG. LTD. & ANOR

(1997) JELR 45371 (CA)

Court of Appeal  •  CA/B/85/96  •  2 May 1997  •  Nigeria

Coram
JUSTIN THOMPSON AKPABIO JCA; SYLVANUS ADIEWERE NSOFOR JCA; ATINUKE OMOBONIKE IGE JCA;

Judgement

AKPABIO, J.C.A. (Delivering the Leading Judgment): This is an appeal and Cross-appeal against a judgment of ERUAGA, J., of Edo State High Court. holden at Benin City in suit No. B/83/90 delivered on 19th May, 1995 wherein he entered judgment in favour of plaintiffs against the defendants in the sum of N12,455,235.00 being the Naini equivalent of $566,250.00 (US Dollars) negligently transmitted overseas from the account of the plaintiff to a 3rd Party in Ireland without valid guarantee and or without effectively contesting the validity of the said guarantee with interest at the rate of 10% per annum on the judgment debt from date of judgment until payment. But the plaintiffs claim of N10,093,625.74 as accrued interest up to 19/5/94 was dismissed. Cost of the action was assessed at N1,000.00 in favour of plaintiff.

The claim of the plaintiff, as finally perfected under paragraph 19 of their 7th Amended Statement of claim was as follows:-

"Whereof the plaintiffs claim against the defenda…

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