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BANK OF THE NORTH
V.
CBN

(1972) JELR 40152 (SC)

Supreme Court 5 May 1972 Nigeria
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- The plaintiffs' claim against the defendants is for £88,800 with interest at 4% per annum. - The plaintiffs paid currency notes issued in 1959 and 1965 into their account with the defendants. - The defendants credited the plaintiffs' acco

Case Details

Suit Number:SC.634/1968
Judges:TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria
Counsel:G.L Lampey For Appellant chief M.E.R. Okorodudu(Dr.L.E Williams with him) For Respondent
Other Citations:(1972) All N.L.R 448 (1972) 5 S.C. 45

I. LEWIS, J.S.C (Delivering the Leading Judgment): In Suit No. LD/634/68 the plaintiffs' amended particulars of claim reads:

"The plaintiff's claim against the defendants is for 88,800pounds with interest thereon at 4% per annum from the 2nd day of February, 1968 to Judgment or alternatively for a declaration that the defendant is not entitled to debit the plaintiff's account with the said sum of 88,800pounds which is due and owing to the plaintiff.", and paragraphs 3 -7 of the Statement of Claim read:

"3. By a confidential directive to the plaintiff dated the 23rd day of December, 1967, the defendant notified the plaintiff that all currency notes issued by the defendant for the years 1959 and 1965 received by the plaintiff before the 23rd day of January, 1968 and paid into the defendant before the 30th day of January 1968 would be treated as legal tender for the purpose of crediting the plaintiff's account with the defendant or exchange of new notes to the plaintiff by the defendant.…

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