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KWACHAM CONSTRUCTION CO. LTD & ANOR
V.
ABADA (NIG) LTD & ANOR

(2018) JELR 34475 (CA)

Court of Appeal 19 Jan 2018 Nigeria
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Case Details

Suit Number:CA/YL/39/2014
Judges:OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria
Counsel:J. O. Makinde, Esq. with him, M. J. Ifegwu For Appellant Roland C. Emem, Esq. for the 1st Respondent.J. A. Udeagbala, Esq. with him, M. S. Ibrahim, Esq. and L. A. Leneke, Esq. for the 2nd Respondent For Respondent

JAMES SHEHU ABIRIYI, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment delivered on 4th June, 2012 in High Court of Adamawa State sitting at Yola.

The 1st Respondent who was the plaintiff in the Court below initially took out the writ of summons against the 2nd Respondent as defendant. However with leave of the Court below, the Appellants were joined as 2nd and 3rd Defendants.

The claim of the 1st Respondent against the 2nd Respondent and the Appellants as contained in the amended statement of claim was for the following:

(a) An order of this Honourable Court directing the 1st Defendant to credit to the account of the Plaintiff No. 501155 the sum of N953,600.00 (Nine Hundred and Fifty-Three Thousand, Six Hundred Naira Only) lodged by the Plaintiff into its account with the Defendant by means of teller No.689305 dated 29th June, 2000.

(b) The sum of N1,000,000.00 (One Million Naira Only) being damages for wrongful dishonor of Plaintiffs cheque dated 20th day of M…

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