Customer Support

FBN PLC
V.
OZOKWERE

(2013) JELR 34086 (SC)

Supreme Court 20 Dec 2013 Nigeria
BriefBot icon

BriefBot Summary

Free

- This is an appeal against the judgment of the Court of Appeal, which upheld the judgment of the High Court in favor of the respondent. - The respondent claimed a refund of $186,990.00 that was deposited with the appellant for remittance t

Case Details

Suit Number:SC.187/2005
Judges:WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
Counsel:A. B. Anaciiebe, SAN with him are Messrs F. C. Anachebe (Mrs); Charles Jibuaku; Shefrift Muhammed and Uchenna Uche. For Appellant Ben Osaka Esq. For Respondent

WALTER SAMUEL NKANU ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Holden at Enugu in appeal no.CA/E/182/2001 delivered on the 17th day of May, 2005 in which the court dismissed the appeal of the appellant against the judgment of the High Court of Anambra State, Holden at Onitsha in suit no.O/410/88 delivered on the 26th day of February, 2001 in which the court entered judgment in favour of the respondent, then plaintiff.

In paragraph 17(a) and (b) of the Further Amended Statement of Claim, the plaintiff/respondent claimed against the appellant/defendant as follows: -

"(a) Refund of the sum of US.$186,990.00 or the equivalent in Naira, being money deposited by plaintiff in the defendant bank for remittance to Goodfit Trading Company Limited.

(b) Interest at the current rate of interest per annum on the total sum of US.$186,990.00 or the equivalent in Naira from the 18th February, 1983 till date of judgment in this sui…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.