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PAN BISBILDER (NIGERIA) LTD

(1989) JELR 42828 (CA)

Court of Appeal 27 Oct 1989 Nigeria
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- The plaintiff sued the defendant for breach of contract for a loan granted under the Agricultural Credit Guarantee Scheme. - The trial judge found in favor of the plaintiff and awarded damages. - Both parties appealed the judgment. - The

Case Details

Suit Number:CA/B/99/87
Judges:UCHE OMO JCA ISA AYO SALAMI JCA AKINTOLA OLUFEMI EJIWUNMI JCA
Counsel:Y. Itua, Esq. For the Appellant; Dr. S.S.G. Enemeri For the Respondent.
Other Citations:First Bank v. Pan Bisbilder (1990) 2 NWLR (Pt.134)


SALAMI, J.C.A. (Delivering the Leading Judgment): The plaintiff sued the defendant in the sum of ₦429,860.00 as special and general damages for a breach of contract or agreement for loan granted under the Agricultural Credit Guarantee Scheme and guaranteed by the Central Bank under the said Scheme. In the alternative the plaintiff claimed for breach of duty or default by the defendant under the Loan Agreement.

Pleadings were ordered and exchanged at a statement of claim and an amended statement of defence. At the hearing both parties led evidence and addressed the court through their respective counsel. The plaintiff called four witnesses as against one called by the defendant. The learned trial Judge, Oni-Okpaku, J., in a reserved and well considered judgment found for the plaintiff in the sum of ₦57,429.00 with costs assessed at ₦600.00.

The parties are dissatisfied with the judgment and have appealed to this court. The defendant is contesting its liability as well as quantum of dam…

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