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SINYEOFORI AKPASAM UMOETUK V. UNION BANK OF NIGERIA PLC

(2001) JELR 55197 (CA)

Court of Appeal  •  CA/PH/284/98  •  10 Jul 2001  •  Nigeria

Coram
DENNIS ONYEJIFE EDOZIE, JCA (Presided) OKWUCHUKWU OPENE, JCA SIMEON OSUJI EKPE, JCA (Read the Lead Judgment)

Judgement

EKPE, JCA (Delivering the Lead Judgment): By writ of summons, the appellant, as plaintiff, brought this suit No. HEK/4/94 against the respondent, as defendant at Eket High Court of Akwa Ibom State. In paragraph 14 of the statement of claim, the appellant averred and claimed the following reliefs: “By virtue of the matters aforesaid, the plaintiff has suffered intense loss and been greatly injured in his business and credit and brings this action, claiming as special and general damages the sum of N10,000,000.00 (Ten million Naira) as follows:

The sum of N230,000.00 value of draft purchased by the plaintiff on the 17th of September, 1992 (No. 159669).

The sum of N350,000.00 being non-refundable deposit paid to Tommipharm Nigeria Ltd. forfeited due to the return of the defendant’s draft.

The sum of N4,000,000.00 being loss occasioned by the plaintiff’s inability to utilize his fund deposited with Tommipharm Nigeria Ltd. and the defendant.

General damages for breach of contract - N5,420,00…

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