UNION BANK OF NIG. PLC. V. ESKOL PAINTS NIG. LTD. & ANOR
(1997) JELR 45371 (CA)
Court of Appeal
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CA/B/85/96
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2 May 1997
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Nigeria
Coram
JUSTIN THOMPSON AKPABIO JCA;
SYLVANUS ADIEWERE NSOFOR JCA;
ATINUKE OMOBONIKE IGE JCA;
Appearances
Chief Debo Akande, SAN;Law O. Akhidenor andI. Yamel Edozien; For Appellant
Chief C.O. Ihensekhien, SAN;H.I.R. Ihensekhien andE.M.E. Ogbeide; For Respondent
Judgement
<p>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.</p><p> The claim of the plaintiff, as finally perfected under paragraph 19 of their 7th Amended Statement of claim was as follows:-</p><p> "Whereof the plaintiffs claim against the defenda…</p>