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FBN PLC
V.
AKIRI

(2013) JELR 35467 (CA)

Court of Appeal 5 Dec 2013 Nigeria
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- The appellant bank appealed against the Ondo State High Court's judgment, which awarded the respondent N500,000 (the sum paid on a cheque), N2 million in general damages for alleged negligence, and interest, due to the bank's payment of a

Case Details

Suit Number:CA/AK/17/2010
Judges:SOTONYE DENTON WEST JCA MOJEED ADEKUNLE OWOADE JCA CORDELIA IFEOMA JOMBO-OFO JCA
Counsel:E. Udofot For the Appellant; P. P. Monde For the Respondent.

SOTONYE DENTON WEST, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of the Ondo State High Court sitting in Akure in Suit No:AK/70/2005 delivered on the 10th day of June, 2009 by Honourable Justice T. O. Osoba.

The Respondent (plaintiff at the Lower Court's) claim in its entirety were granted. The Respondent maintained the action against the Appellant (Defendant at the Lower Court) at the trial court claiming the following reliefs:

i) A sum of N500,000.00 being the actual sum negligently and/or recklessly paid to Chief Fola Abiloye by the defendant in complete disregard to his mandate.

ii) A sum of N2million as general damages for the defendant's negligence and/or recklessness.

iii) Interest on the said sum of N500, 000 at the rate of 21% per annum from 25th May, 2000 cashment date to the date of the judgment herein and at the rate of 10% per annum from the date of judgment to the date of final liquidation. The parties joined issues and led evidence res…

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