(1997) JELR 45407 (SC)    

Supreme Court  ·  SC.80/1995 ·  20 Jun 1997 ·  Nigeria
Other Citations
Allied bank Nig Ltd v. Akubueze (1997) 6 NWLR (Pt.509)
Allied Bank (Nig) Ltd. v. Akubueze (1997) 6 NWLR (Pt. 509) 374
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
account no.
trial court
court of appeal
learned trial judge
combination of the respondent
exhibit a
name of joe brown commercial agencies
own part
reasonable notice
assemblies ltd. v
cheque no. c
circumstances of this case
consent of the respondent
context of this case
defence of the appellant
defendant bank
exhibit a.
material times
said account
said account no.
such accounts
account no. 1028run
award of the sum of n72,000.00
balance of the said combined account
bank accounts of the respondent
clear evidence of d.w.1
commercial bankers
conclusion of hearing
considered view
customer of the defendant bank
decision of the court of appeal
dishonour of his cheque exhibit a
exhaustive review of the evidence
following points
general damages
high court of former anambra state of nigeria
judgment of this court
leading judgment
legal right
material evidence
point of law
respective counsel
separate current accounts
sum of n1000,000
unanimous decision
view of the trial court

A. I. IGUH, J.S.C (Delivering the Leading Judgment): In the High Court of former Anambra State of Nigeria, the plaintiff, who is now the respondent, instituted an action against the appellant, who therein was the defendant, claiming as follows:-

"The plaintiff claims the sum of N1000,000.00 (One Million Naira) in damages whereof N500,000.00 (Five Hundred Thousand Naira) is general damages and N500,000.00 (Five Hundred Thousand Naira) is exemplary damages for breach of contract between the plaintiff - a trader- and the defendant - Commercial bankers - by dishonouring cheque No. C/D. ONSA 721289 for N7,100 only drawn by the plaintiff on his account No. 1028 held in the defendant's bank at No.4 Oguta Road, Onitsha and deliberate refusal of the defendant to allow the plaintiff to operate the said account thereby frustrating his business.

Further or other reliefs."

Pleadings were ordered in the suit and were duly settled, filed and exchanged.

The plaintiff who at all material times was a…

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