(2018) JELR 38952 (CA)    

Court of Appeal  ·  CA/OW/309/2016 ·  11 Jun 2018 ·  Nigeria
MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
domiciliary account
us dollars
lead judgment
account name
considered view
instant case
judgment of the lower court
judgment sum
learned trial judge
account of the claimant
case of the respondent
clear breach of the duty of care
date of judgment
instant appeal
mandate signature
payment of the sum
stance of the respondent
trial judge
branch manager of the defendant
customer care service officer
entitlement of the respondent
exhibits b
final analysis
fund transfer forms
grounds of appeal
grounds of improper evaluation of evidence
high court lagos
high court of abia state
lagos high court
leading judgment
mandatory telephone calls
mr. eze emelike
registry of the lower court
relevant principles of law
respective cases of the parties
respect of his domiciliary account
respect of the order of the account name
respondents brief of argument
respondents claim
result of these unauthorized withdrawals
said grounds
specimen signature
statement of claim
various documents

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment delivered on 11/2/2016 by the High Court of Abia State, holding at the Umuahia Judicial Division presided over by Hon. Justice L. Aabi (hereafter to be simply referred to as the lower Court and learned trial Judge respectively). The instant case was instituted by the Respondent by a writ of summons which issued on 10/1/2013. An amended writ of summons and amended statement of claim were later filed in the case with the Respondent claiming against the Appellant in paragraph 26 of the amended statement of claim as follows: -

i. Payment of the sum of $48,000.00 USD (Forty Eight Thousand US Dollars) being an amount illegally deducted from the account of the claimant.

ii. 10% interest on the sum of $48,000 USD (Forty Eight Thousand US Dollars) from 6/7/2010 to the date of filing this suit.

iii. 10% interest on the sum of $48,000.00 USD (Forty Eight Thousand US Dollars) from the date of …

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