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OZOEMENA UGWOKEH-OMENE V. STANBIC IBTC BANK PLC & ANOR

(2013) JELR 35430 (CA)

Court of Appeal  •  CA/L/379M/2011  •  9 Dec 2013  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; RITA NOSAKHARE PEMU JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Appearances
C. I. Nwanguma Esq. For Appellant Chief Wale Taiwo Esq., George Ibekwe Esq., with B. O. Shittu Esq. For Respondent

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): The Claim, the subject matter of this appeal was commenced by Writ of Summons dated 16th of September 2008 shown at pages 1-2 of the Record of Appeal.

In it, the Appellant (Claimant in the Court below) claims against the Respondents (1st and 2nd Defendants in the Court below) jointly and severally as follows:

(i) Special Damages in the sum N5,026,039.23k (Five Million, Twenty-Six Thousand, Thirty-Nine Naira, Twenty-Three Kobo) against the 1st Defendant being the sum illegally debited to the Claimant's Investment Margin Facility Account Number CA72200047843 on May 24, 2007.

(ii) Interest on the sum N5,026,039.23k (Five Million, Twenty-Six Thousand, Thirty-Nine Naira, Twenty-Three Kobo) from the 25th of May, 2007 at the rate of 18% per annum until Judgment.

(iii) General Damages in the sum of N200,000,000.00 (Two Hundred Million Naira Only) against the 1st and 2nd Defendants for breach of trust, fraud and misrepresentation.

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