ACB PLC. & ANOR.
V.
EMOSTRADE LTD.

(2002) JELR 44543 (SC)

Supreme Court · SC.95/1998 · 5 Apr 2002 · Nigeria
·

Other Citations

A.C.B Plc v Emostrade Ltd (2002) 8 NWLR (Pt.770) 501 (2002) 4 S.C (Pt.II) 1

CORAM

UTHMAN MOHAMMED JSC ALOYSIUS IYORGYER KATSINA-ALU JSC UMARU ATU KALGO JSC SAMSON ODEMWINGIE UWAIFO JSC EMMANUEL OLAYINKA AYOOLA JSC

Ratio Decidendi

Core Terms ^Beta

plaintiff

respondent

defendants

limited liability company

court

paragraph

statement of claim

certificate of incorporation

1st defendant

court of appeal

learned trial judge

trial

amended statement of claim

existence of the plaintiff

laws of nigeria

leading judgment

majority justices

paragraphs of the amended statement of defence

statements of account

a. i. katsina-alu

attention of this court

basis of their pleading

breach of the defendants

current account no.05474

further denial of the said paragraph

further denial of these paragraphs

incorporated body

juristic personality of a party

legal person

legal persona

majority justices of the court of appeal

name of the respondent

reason given

registered trade name

said account

said cheques

said letter

said paragraph

said paragraphs of the amended statement of defence

second defendant

see exhibits

s. o. uwaifo

split decision

statements of his account

statutory duty

trial of this case

u. a. kalgo

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…

ACB PLC. & ANOR. V. EMOSTRADE LTD.

ACB PLC. & ANOR.
V.
EMOSTRADE LTD.