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AFRIBANK NIG PLC
V.
HOMELUX CONSTRUCTION COMPANY LTD & ANOR

(2008) JELR 49400 (CA)

Court of Appeal 26 Feb 2008 Nigeria
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Case Details

Suit Number:CA/A/74/06
Judges: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
Counsel:Demola Bakre, A.O. Sambo For Appellant A.O. Agbolaho For Respondent

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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