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HALLMARK BANK PLC & ANOR
V.
OBASANJO

(2013) JELR 36057 (CA)

Court of Appeal 26 Apr 2013 Nigeria
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- The respondent, resident in the UK and acting through her attorney, sued the appellant bank before the Federal High Court for conversion and, in the alternative, for money had and received, seeking N11,000,000 plus interest, after the pro

Case Details

Suit Number:CA/L/1133/2010
Judges:AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria FATIMA OMORO AKINBAMI Justice of The Court of Appeal of Nigeria
Counsel:C. V. C Ihekweazu Esq., with A. C. Eze Esq and I. A. Onyebuchi Esq. For Appellant Olumide Fusika Esq. with Him A. Fawehinmi Eboka (Mrs.) and Ozienpogoson Esq. For Respondent

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): In paragraph 8 of the Plaintiff's (at the lower Court) Statement of Claim filed on the 16th of July, 2004, he claims against the Defendant thus:

(a) i. Damages for conversion in the said sum of N11,000,000.00 (Eleven Million Naira); and

ii. Interest on the first N10,000,000.00 (Ten Million Naira) component of the said sum at the Defendant's time deposit rate of 21% per annum with effect from the 15th day of August, 2002, and on the balance component in the sum of N1,000,000.00 (One Million Naira) with effect from the 20th day of September, 2002 until judgment.

(b) i. Alternatively, payment of the said sum of N11,000,000.00 as money had and received by the Defendants to the use of the Plaintiff; and

ii. Interest on the first N10,000,000.00 (Ten Million Naira) component of the said sum at the Defendant's time deposit rate of 21% per annum with effect from the 15th day of August, 2002, and on the balance component in the sum …

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