AFRIBANK NIG PLC
V.
HOMELUX CONSTRUCTION COMPANY LTD & ANOR

(2008) JELR 49400 (CA)    

Court of Appeal  ·  CA/A/74/06 ·  26 Feb 2008 ·  Nigeria
CORAM
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria MARY U. PETER-ODILI Justice of The Court of Appeal of Nigeria ABDU ABOKI Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
cause of action
2nd defendant
statement of claim
trial court
reasonable time
defendants
learned trial judge
1st respondent
2nd plaintiff
first defendant
mr. bakre
1st plaintiff
trial judge
abuja cheque number
discharge of the 2nd defendant
drawee bank
enough evidence
exchange act cap
learned counsel
provision of section
unpaid african international bank
violation of the provisions of the bill
amended statement of claim
attorney-general abia state
bank aib
causes of action
claim of the plaintiffs
evaluation of the learned trial judge
first plaintiff of the dishonour
kogi state
laws of the federation of nigeria
notice of appeal
poor job of the drafting of the appellant
return of the said cheques
rock view hotel ltd
said cheques
second defendant
second plaintiff
see kadzi international ltd v
summary of facts
unpaid cheque
value of the said cheques

MARY U. PETER-ODILI, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the ruling and judgment of Honoureable justice Sylvanus Oriji of the Federal Capital Territory High Court both delivered on the 24th of January 2006.

The claim of the plaintiffs as per paragraph 30 of the Amended Statement of claim dated 13th November, 2004 is as follows:-

"The Plaintiffs jointly and severally claim against the defendants jointly and severally the sum of Three Million Naira (N3,000,000.00) Nigeria Currency being the proceeds or value of the Dishonoured/Returned unpaid AFRICAN INTERNATIONAL BANK LIMITED ABUJA CHEQUE NUMBER 00000476 drawn by the second Defendant and made payable to the second Plaintiff and/or paid into the first Plaintiff's Account No.0360006689 with the first defendant, but returned unpaid for the reason of Drawer's Confirmation Required (DCR) and which for the First Defendant's breach of its duty of care to the plaintiff's negligence and violation of the provision…

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