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DATTIJO MUHAMMAD JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Benin Division of the Court of Appeal, dismissing the appeal of the appellant/cross-respondent herein and allowing the cross-appeal of the respondent/cross-appellant herein. The judgment appealed against was delivered on 22 February 2006. The brief facts of the case that brought about the instant appeal and cross-appeal are told hereinafter at once.
The respondent/cross-appellant as plaintiff took out a writ at the Edo State High Court, hereinafter referred to as the trial court, against the appellant/cross-respondent, as the defendant thereat, claiming the sum of N30,000,000 (thirty million naira) general and special damages for the wrongful dishonour of the cheque he drew on the appellant/cross-respondent in favour of Lever Brothers Nigeria Plc. It is averred in the writ that the respondent/cross-appellant had enough credit in the account which he operated as a general trader and majo…