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(2021) JELR 109647 (CA)

Court of Appeal 18 Feb 2021 Nigeria
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- This case is an appeal against a judgment of the High Court of Lagos State. - The respondent claimed special and general damages for conversion of cheques. - The respondent alleged that the appellant opened a current account in its name w

Case Details

Suit Number:CA/L/1256/2018
Judges:Ignatius Igwe Agube, JCA Habeeb Adewale Olumuyiwa Abiru, JCA Amina Audi Wambai, JCA
Counsel:A. M. Kotoye For the Appellant; Osita Mbamalu with him, I. O. Ogunye For the Respondent.

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Lagos State delivered in Suit LD/316/2013 on the 2nd of July, 2018 by Honorable Justice A. A. Akintoye. The Respondent was the claimant in the lower Court and its claims were for:

i. The sum of N102 Million being special and general damages for conversion of the proceeds of cheques rightfully belonging to the Respondent accepted by the Appellant for collection and paid into Current Account No 221-8580748-110 at the Opebi Branch of the Appellant opened by the Respondent and permitted to be operated without lawful authority and/or mandate of the Respondent.

ii. Interest at the rate of 26% per annum from December 2010 until the date of judgment and thereafter at 10% per annum until liquidation.

The case of the Respondent on the pleadings in support of the claims was that in or about December 2010, the Appellant opened or permitted a current account with Account …

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