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C. N. ONUSELOGU ENTERPRISES LTD
V.
AFRIBANK (NIGERIA) PLC

(2005) JELR 45142 (CA)

Court of Appeal 4 Jul 2005 Nigeria
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Case Details

Suit Number:CA/E/32/2001
Judges:SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria JA'AFARU MIKA'ILU Justice of The Court of Appeal of Nigeria
Counsel:N. N. Uko (Mrs.) (with her, P. E. Unigwe [Mrs.]; P. N. Okon [Mrs.]) For Appellant I. Akaraiwe, Esq For Respondent
Other Citations:C. N. Onuselogu Ent. Ltd. v. Afribank (Nig.) Ltd. (2005) 1 NWLR (Pt.940)577

SULEIMAN GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Agbo (J.) of the Enugu High Court, delivered on 16/11/2000, in an arbitration award in favour of plaintiff (hereinafter referred to as "the respondent") in a claim brought against the defendant (hereinafter referred to as "the appellant").

The case of the appellant is that he is an engineering contractor and customer of the respondent who had a fixed deposit of ₦18 Million which was given to the respondent as a collateral to secure an over-draft of ₦5 Million, which was later increased.

When disagreement arose about the state of the appellant's account, both parties willingly submitted the dispute to arbitration by a legal practitioner. The arbitrator gave the appellant an award of ₦7,893,408.34 together with interest of 21% thereon from 1/9/94, till the date of judgment and 5% interest from then until the judgment sum is liquidated.

Being dissatisfied with this judgment, the appella…

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