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WEMA BANK PLC V. OLOTU

(2022) JELR 109960 (SC)

Supreme Court  •  SC/299/2016  •  13 May 2022  •  Nigeria

Coram
CHIMA CENTUS NWEZE, J.S.C. (Presided) AMINA ADAMU AUGIE, J.S.C. HELEN MORONKEJI OGUNWUMIJU, J.S.C. TIJJANI ABUBAKAR, J.S.C. (Read the Leading Judgment) EMMANUEL AKOMAYE AGIM, J.S.C.

Judgement

ABUBAKAR, J.S.C. (Delivering the Leading Judgment): This appeal is an off-shoot of the decision of the Court of Appeal Ibadan Division delivered on the 2nd day of December, 2015, affirming the decision of the Oyo State High Court, wherein the trial High Court granted the reliefs prayed for by the respondent in part and awardedN20,000,000 as damages and further sum of N234,275.79.

The respondents as plaintiffs in suit No. I/417/2005 commenced by a writ of summons in High Court of Justice Ibadan, where the following reliefs were sought for against the appellant, who was the defendant at the trial court:

“i. A declaration that the 1st defendant’s purported termination of the two contracts agreements, both dated 20th December, respectively, with the plaintiffs is wrongful, improper and constitute breaches and or repudiation of its obligations to the plaintiff.

Alternatively A declaration that the 1st defendant is in breach of its obligation to implement the terms of the arbitral award of Ade…

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