Ratio DecidendiRatio DecidendiRatio Decidendi



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…

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