Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AFRIBANK (NIG,) PLC.
V.
AKWARA

(2006) JELR 49496 (SC)    

Supreme Court  ·  SC.186/2001 ·  27 Jan 2006 ·  Nigeria
 · 
Other Citations
Afribank (Nig,) Plc, v. Akwara (2006) 5 NWLR (Pt.974)619
Afribank (Nig.) Plc. v. Akwara (2006) 5 NWLR (Pt. 974) 619
CORAM
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
appeal
plaintiff
central bank
court of appeal
cross-appeal
supreme court
foreign currency
supreme court rules
amended notice of appeal
said sum
statement of claim
central bank of nigeria
preliminary objection
award of damages
court of appeal right
date of judgment
judgment day
learned trial judge
newby iron founders
order of this honourable court
telephone calls
circumstances of the case
competence of the amended notice of appeal
defendant bank
high court
judgment of the court
leading judgment
said amended notice of appeal
said application
tonnes of mild steel sections
vacation period
aba high court of imo state
above practice direction
amended statement of defence
common practice
court of first instance
iguh j.s.c
john willisma steel services ltd.
learned justices of the court of appeal
lower court
peculiar circumstances of this case
power of the chief justice of nigeria
practice direction of the cjn
said judgment

OGUNTADE, J.S.C. (Delivering the Leading Judgment): The respondent, as the plaintiff, issued his writ of summons against the appellant (as the defendant) on 11-4-90 at the Aba High Court of Imo State claiming the following:

"(a) An order of this Honourable court directing the defendant to transfer to the plaintiff's overseas customer as contained in BILL NUMBER BC. 1406/81 namely NEWBY IRON FOUNDERS LIMITED OF WEST MIDLANDS the sum of 'a317,647.00 (Seventeen Thousand Six Hundred and Forty Seven Pounds Sterling) as contracted between them.

(b) 20% (Twenty per centum) interest on the said sum of 17,647.00 from July 1982 till judgment is delivered.

(c) 4% (Four per centum) interest on the said sum from the date of judgment until completely liquidated.

(d) ₦4m (Four Million Naira) damages for libel

(e) ₦6m (Six Million Naira) special and general damages for negligence.

Particulars of special damages

(i) 252,000 pieces of water pipe fittings at ₦17.00 (Seventeen Naira) loss per pipe fittin…

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