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UGWUAGBA COMMUNITY BANK LIMITED V. NWEDIGBO INTERNATIONAL VENTURES LIMITED

(2012) JELR 55528 (CA)

Court of Appeal  •  CA/E/ 155/2006  •  4 May 2012  •  Nigeria

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA (Presided) ADAMU JAURO JCA (Read the Lead Judgment) SAMUEL CHUKWUDUMEBI OSEJI JCA

Judgement

JAURO JCA (Delivering the Lead Judgment): This is an appeal against the ruling and judgment of the High Court ofAnambra State, Idemili Judicial Division, holden at Ogidi delivered on 28 April 2005 by Hon. Justice C.O. Amaechi in suit No. HID/200/2004. The facts of the case briefly stated are as follows: The respondent as plaintiff instituted the suit against the appellant as defendant under the undefended list, claiming the following reliefs: “(i) Refund of the sum of N3,766,117.00 (three million, seven hundred and sixty-six thousand, one hundred and seventeen naira), deducted by the defendant from the plaintiff’s account with the defendant without the authority of the plaintiff.

(ii) Interest at the rate of 22% per annum on the said N3,766,117.00 (three million, seven hundred and sixty-six thousand, one hundred and seventeen naira) with effect from29 November 2003, until payment is made by the defendant.”

The action was initially commenced in the name of John Omebe, Director Nwedig…

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