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M. O. KANU, SONS & COMPANY LTD
V.
FBN PLC

(2006) JELR 46367 (SC)

Supreme Court 26 May 2006 Nigeria
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Case Details

Suit Number:SC.349/2001
Judges:IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria
Counsel:Appellant not respresented. For Appellant J.H.C. Okolo, SAN, (with him, Anah Chiede and F.O. Okoli) For Respondent
Other Citations:M. O. KANU, SONS & COMPANY LIMITED v. FIRST BANK OF NIGERIA PLC (2006) 5 S.C. (Pt.III) 80, (2006) JELR 55478 (SC)

OGUNTADE, JSC (Delivering the Leading Judgment): This appeal revolves around Bank/customer relationship that went sour. The appellant company was the customer and the respondent, the bank. The dispute arose following a loan granted to the appellant to enable it import for resale in Nigeria, a quantity of stockfish. The loan was to be repaid on 30/12/89. The appellant did not pay on due date. Rather, the appellant claimed that the respondent negligently handled on 30/12/89. The appellant did not pay on due date. Rather, the appellant claimed that respondent negligently handled the shipment process. It then brought a suit following:

"(a) An order of this Honourable Court compelling the defendant to waive or absolve or write off the sum of N10,805,000.00 (Ten Million, Eight Hundred and Five Thousand Naira) being the cost of 2,900 bales of stockfish destroyed by the Health Authorities as a result of the defendant's negligence; or

Alternatively

(b) N30,000,000.00 (Thirty Million Naira) a…

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