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UGWUAGBA COMMUNITY BANK LIMITED V. NWEDIGBO INTERNATIONAL VENTURES LIMITED

(2012) JELR 34959 (CA)

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

Coram
ABUBAKAR JEGA ABDUL-KADIR JCA; ADAMU JAURO JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Judgement

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling and judgment of the High Court of Anambra State, Idemili Judicial Division, holden at Ogidi delivered on 28th April, 2005 by Hon. Justice C.O. Amaechi in suit number 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 Plaintiffs 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 with effect from 29/11/2003 until payment is made by the defendant"

The action was initially commenced in the name of JOHN OMEBE, DIRECTOR NWEDIGBO INTERNATIONAL VENTURES LTD., and given a suit number HID/104/2004. The initia…

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