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EMEGHARA
V.
STERLING BANK

(2018) JELR 38619 (CA)

Court of Appeal 13 Jun 2018 Nigeria
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- This is an appeal against a judgment of the High Court of Imo State. - The appellant sought various reliefs, including the refund of money and damages for breach of contract. - The appellant claimed that the respondent did not use the mon

Case Details

Suit Number:CA/OW/420/2014
Judges:MASSOUD ABDULRAHMAN OREDOLA JCA ITA GEORGE MBABA JCA TUNDE OYEBANJI AWOTOYE JCA
Counsel:L. A. Njemanze, Esq. with Miss O.J. Odoemena For the Appellant. I.O. Igboanugo, Esq. with Jordan Okoro, Esq For the Respondent.

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Imo State, sitting at Owerri (hereinafter referred to as the lower Court) delivered on the 28th day of June, 2013 by Hon. Justice P.O. Nnadi, J.

The suit which gave rise to this appeal was commenced by a writ of summons and statement of claim filed on the 20th day of February, 2008, whereby the plaintiff/appellant (hereinafter referred to as the appellant) sought for the grant of the following reliefs:

(a) An order for Court compelling the Defendant to refund and pay back into the Plaintiffs account, the sum of N95,000.00 (Ninety Five Thousand Naira) being money received by the defendant to purchase shares for the plaintiff but never used for same or repaid despite repeated demands.

(b) Interest at the rate of 21% per annum on the aforesaid illegally withheld sum of N95,000.00 (Ninety Five Thousand Naira)

(c) A declaration that the continued unlawful and withhold…

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