F.B.N PLC
V.
ATUNRASE CARPETS & UNDERLAYS LTD

(2011) JELR 44593 (CA)    

Court of Appeal  ·  CA/I/105/98 ·  24 May 2011 ·  Nigeria
CORAM
STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
Core Terms Beta
respondent
counsel
bills of exchange act
learned trial judge
appeal
trial court
general damages
special damages
bill of exchange
grounds of appeal
evidence act
raw materials
brief of argument
laws of the federation
notice of preliminary objection
amended notice of appeal
notice of appeal
statement of claim
burden of proof
provisions of section
amount of the bill
sum of n660
27th day of march
breach of the appellant
court of appeal
award of n3
case of special damages
conclusion of the hearing
evidence act see
evidence of the payee of the cheque
exhibit b
following issues
gist of this case
given rate
judgment of olatoye j. of the high court
leading judgment
ogun state
only award
paragraph b of the amended statement of claim
part of the decision of the high court
proof of their respective cases
result of the wrongful dishonour of the cheque
sagamu branch of the appellant
sagamu branch of the appellant bank
spite of the fact

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Olatoye J. of the High court of Justice, Sagamu, Ogun state in suit No. HCS/120/95 FIRST BANK OF NIGERIA PLC V. ATUNRASE CARPETS and UNDERLAYS LIMITED, delivered on the 27th day of March, 1998, against the defendant, now appellant in this court.

The plaintiff, who is the Respondent herein, had before the trial court per his amended, statement of claim dated the 7th day of December 1995, claim against the defendant as follows:-

(a) The sum of N660, 000:00 and N3, 340, 000:00 as special and general damages respectively for negligence and breach of its Banker customer contractual relationship with the plaintiff.

(b) Particulars of special damage loss of net profit of N20, 000 per-days on its product for 33 days.

The gist of this case is that, the Respondent is a limited liability company engaged in the business of manufactures of carpet underlay at its Head office in Sagamu with branches …

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