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ETHIOPIAN AIRLINES
V.
AFRIBANK NIGERIA PLC. & ANOR.

(2006) JELR 43219 (CA)

Court of Appeal 1 Jun 2006 Nigeria
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Case Details

Suit Number:CA/L/409/2001
Judges:ISA AYO SALAMI Justice of The Court of Appeal of Nigeria RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria
Counsel:Otunba Yomi Oshikoya (with him, Segun Aluko and S.A. Lawal) For Appellant D. U. Ufot [MRS] (with her, O. Omoniyi and I. Ndulogwu) - for the 1st RespondentHope Nwamdie [Mrs] - for the 2nd Respondent For Respondent
Other Citations:Ethiopian Airlines v. Afribank Nig Plc & Anor. (2006) 17 NWLR (Pt.1008) pg.245

AGBO JCA (Delivering the Leading Judgment): The appellant as plaintiff claimed of the respondents of the Lagos Division of the High Court of Lagos State as follows:-

i. The sum of ₦447,000(Four Hundred forty-seven thousand naira) and ₦5.00 (Five Naira) commission on the draft being the sum of money due to the plaintiff from the 1st and 2nd defendants viz:

a. Refund of the money for draft negligently issued by the 1st defendant to the 2nd defendant together with the commission debited against the plaintiff's account.

ii. The sum of ₦1,000,000.00 (One Million Naira) being special damages suffered by the plaintiff due to the negligence of the 1st defendant in issuing the bank draft contrary to the plaintiff's instructions, to the order of the 2nd defendant and for facilitating the conversion of the money stated in the said bank draft by the 2nd defendant.

iii. The sum of ₦1,000,000 (One Million Naira) being general damages suffered by the plaintiff due to the negligence of the 1st defend…

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