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ZENITH BANK PLC V. EMIRATES CREDITCORE & INVESTMENT LIMITED

(2016) JELR 34212 (CA)

Court of Appeal  •  CA/A/34/2015  •  8 Dec 2016  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA; TINUADE AKOMOLAFE-WILSON JCA; TANI YUSUF HASSAN JCA;

Appearances
Dr. Soni Ajala For Appellant Mr. Okoye For Respondent

Judgement

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): From the statement of claim filed by the plaintiff, which is now the respondent, breach of contract and negligence were said to have been committed against it, by the appellant. Amongst other prayers, the respondent claimed:-

(a) one hundred million naira as general damages for malicious breach of contract and negligent conduct;

(b) sixty-four million, two hundred and fifty thousand, nine hundred and twenty naira as special damages;

(c) one million, five hundred thousand naira only being the cost of this action; and

(d) 10% interest per annum on the judgment sum, from the date of judgment until liquidation.

The appellant denied the claim and on exchange of pleadings, the matter went to trial at the end of which, the trial Court found the appellant liable for breach of contract and negligence. It awarded the respondent, the sum of N5,000,000.00 as damages and a 10% interest on the judgment sum from the date of judgment until i…

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