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(2018) JELR 39420 (CA)

Court of Appeal 23 Mar 2018 Nigeria
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- The appeal is against the decisions of the Abia State High Court in favor of the claimant. - The claimant sought various reliefs against the defendant, including a refund of unremitted funds and interest. - The trial court dismissed the d

Case Details

Suit Number:CA/OW/274/2016
Judges:MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Counsel:Fred Onuobia, Esq. For Appellant C. N. Nwokorie, Esq. with him, A.C. Ijiomag, Esq. For Respondent

ITA GEORGE MBABA, JCA(DELIVERING THE LEADING JUDGMENT): This is an appeal against the decisions of the Abia State High Court, in Suit No.HU/177/2013, delivered on 27/10/2014 and 27/7/2016 (Ruling and judgment, respectively), by Hon. Justice I.A. Nwabughogu in favour of the Claimant (now Respondent).

At the trial Court the Respondent had sought the following reliefs against Appellant (who was the Defendant):

(1) An order for refund to the plaintiff of the unremitted USD 134,580 in respect of letters of credit (L/Cs) Nos. 330/83/11/1D (USD 129,150.00) and 330/83/21/ID (USD 5,430.00) which the Defendant procured from the Central Bank of Nigeria on behalf of the Claimant for remittance to claimants customer, Bramchas Trading Company London, for supply of goods to the Claimant, which The Defendant failed to remit to the said Bramchas Trading Company, London.

(2) USD 5,439,044.14 being interest from 30/5/83 to 31/8/13 on the said unremitted USD 134,580.00 which the Defendant failed to remit to…

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