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WESTERN UNION MONEY TRANSFER SERVICE V. LT COL. ROY M.D. ALLI & ORS

(2012) JELR 34939 (CA)

Court of Appeal  •  CA/C/144/2008  •  12 Nov 2012  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; JOSEPH TINE TUR JCA;

Appearances
Dr. K. U. K. Ekwueme Esq.With him E. S. Makanjuola Esq. For Appellant Emmanuel Sani Esq. for the 1st RespondentAlex Umo Esq.With him Emilia Ekeng (Mrs) for 2nd Respondent For Respondent

Judgement

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Cross River State delivered on 2nd February, 2007. The 1st Respondent as plaintiff took out a writ against, the Appellant as the 2nd defendant and First Bank of Nigeria Plc 2nd Respondent and Vanguard Media Ltd as 3rd Respondent in this appeal. The 1st Respondent of the material time 26th April, 2004 claimed to be in the Nigeria Army serving in Calabar. He also claimed to have sent N10,000.00 to one Sergeant Adamu Salihu Adamu also of the Nigeria Army Zaria. 48 hours after this transaction via Western Union, the money was not received in Zaria. On enquiry, the 1st Respondent was informed that the money was seized as he was suspected to be a terrorist. This incident was thereafter reported by the Vanguard Newspapers with the caption "You are a terrorist"

Thereafter, the 1st Respondent sued First Bank Nigeria Plc as 1st Defendant, Western Union Money Transfer Servic…

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