ACB PLC. & ANOR.
V.
EMOSTRADE LTD.
·
S. O. UWAIFO, J.S.C. (Delivering the Leading Judgment): The plaintiff sued the defendants for an amount of ₦5,000,000.00 special and general damages for an alleged breach of contract. It is said that the plaintiff, a limited liability company, maintained a current account No.05474 with the first defendant's Calabar branch. The second defendant was at all material times the branch manager of that branch. The breach of contract was attributed to the defendants' failure to make available to the plaintiff its statements of account and copies of all cheques and other instruments drawn on the said account. The plaintiff contended that that failure was a breach of the defendants' statutory duty to furnish the plaintiff with statements of his account quarterly. It was claimed that this default made it impossible for the plaintiff "to monitor or operate his (sic) account and thus making him (sic) unable to conduct his (sic) affairs and business prudently".
In paragraph 1 of the amended stateme…