MR STEPHEN UMEUZUEGBU V. AKWUZU MICROFINANCE BANK LTD
(2018) JELR 39494 (CA)
Court of Appeal
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CA/E/210/2012
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14 Feb 2018
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Nigeria
Coram
HUSSEIN MUKHTAR JCA;
MUHAMMED LAWAL SHUAIBU JCA;
FREDERICK OZIAKPONO OHO JCA;
Appearances
O.A. Umennabude Esq. For Appellant
Amaka Ezeno Esq. For Respondent
Judgement
<p>FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the judgment of the High Court of Anambra State, at the Otuocha Judicial Division, and delivered on the 5-12-2011 by NWEZE, J. On the 8-5-2009, the Appellant as Plaintiff had taken out a summons against the Respondent as Defendant to recover the sum of Four Million, Nine Hundred and Sixty-Six Thousand Seven Hundred and Forty-Five Naira, Seventy Eight Kobos (4,966,745.78) only said to be made up of arbitrary and illegal charges debited against his current account No. 20159 kept with the defendant microfinance Bank.</p><p>In defense of this matter, the Respondent as Defendant, filed its Statement of Defense and also counter claimed the sum of Three-Hundred and Sixty-One Thousand, Three Hundred and Thirty-Nine Naira and Fifty-Four Kobos (N361,339.54) being the sum it claimed as omitted charges on the Plaintiffs account. The matter went to trial and at the stage of address, the Defendant Counsel pointed …</p>