(1997) JELR 45428 (CA)    

Court of Appeal  ·  CA/E/144/96 ·  18 Jun 1997 ·  Nigeria
Other Citations
A.C.B. Plc. v. Haston (Nig.) Ltd. (1997) 8 NWLR (Pt. 515)
A.C.B. Plc. v. Haston (Nig.) Ltd. (1997) 8 NWLR (Pt. 515) 110
OKAY ACHIKE Justice of The Court of Appeal of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Court of Appeal of Nigeria EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
breach of contract
statement of claim
general damages
trial court
favour of the respondent
amended statement of claim
result of the defendant
breach of her duty
contents of a document
evidence of the respondent
limited liability company
provisions of order
statement of account
counsel mr. richard ebri
current account
decision of the trial court
defendant bank
evidence of the ipse dixit of pw1
following issues
further arguments
grounds of appeal
judgment of a lower court
leading judgment
learned trial judge effanga j
mr. richard ebri of counsel
person amounts
pleaded facts
preponderance of the evidence
prevailing interest rate
principal award
private limited liability company
produce authority
proof of the respective pleadings
respondent rely
said resolution
see asiyanbi
subhead of substantive law
such earlier decision of the court hook
total sum of n212.700
various legal defences

ACHIKE, J.C.A.: Delivering the Leading Judgment: The plaintiff a private limited liability company operates, at all material times, a current account with the defendant bank at Calabar. Plaintiff's case is, that as customer of defendant bank, and by means of certain forged cheques, its account was fraudulently debited with a total sum of N212.700.00. As a result of the defendant's negligence, the plaintiff suffered in its trade and business and also injured as to its credit and has been unable to pay its creditors. Whereof the plaintiff claimed against the defendant as follows:

"(1) The Defendant is in breach of her duty to the Plaintiff by refusing to make available to her, her STATEMENT OF ACCOUNT and copies of the cheques and instruments drawn on the Account as demanded.

(2) The Defendant is in breach of her duty to the prevailing interest rate of 54% per annum from the date of withdrawal until judgment.

(3) N5 million being damages for breach of contract, negligence and loss of …

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