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E.D.TSOKWA & SONS CO. LTD.
V.
UBN LTD.

(1996) JELR 35674 (SC)

Supreme Court 20 Dec 1996 Nigeria
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Case Details

Suit Number:SC.60/1989
Judges:ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE 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
Counsel:T.E. Williams, Esq. For Appellant G.O.K. Ajayi, SANS.A. Sowemimo, Esq. For Respondent
Other Citations:E.D. Tsokwa & Sons Co. Ltd. v. UBN Ltd (1996) 10 NWLR (Pt.478)281, (1996) 10 NWLR (Pt. 478) 281

WALI, J.S.C. (Delivering the Leading Judgment) The claims of the appellant as set out in his Amended Statement of Claim are as follows:-

"(1) A declaration of the court that the plaintiff is not indebted to the first defendant to the sum of N736,812.29 as at 31st March, 1983.

(2) A declaration that the defendants were in error when they charged/debited the plaintiff's account with interest of N117,939.91 - calculated on disputed sum/debt from 5/6/81 to 3/3/83.

(3) A declaration of the court of the actual financial position of the plaintiff at the defendants' branch Gboko.

(4) An order of the court compelling the defendants to rectify their books of accounts to reflect the actual indebtedness of the plaintiff as at 31st March, 1983."

The respondent in answer to the Amended Statement of Claim filed an Amended Statement of Defence in which the crucial averments in the said Amended Statement of Claim were denied.

After pleading were settled, the case went to trial in which each side call…

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