(2007) JELR 44072 (CA)    

Court of Appeal  ·  CA/K/191/2005 ·  18 Apr 2007 ·  Nigeria
AMIRU SANUSI Justice of The Court of Appeal of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Court of Appeal of Nigeria OLUKAYODE ARIWOOLA Justice of The Court of Appeal of Nigeria
Core Terms Beta
breach of contract
stop payment order
trial court
sole issue
instant case
standard construction limited
standard construction ltd.
current account no.
said account
current account of its customer
kaduna branch of the respondent
leading judgment
said cheque
allied bank
banker relationship
current banking interest
issue of the letter
said cheques
suit no. kdh
above averments
above clear admission
amended statement of claim
clear terms
customer holds
honour of the appellant
judgment of kaduna state high court
learned counsel
learned trial judge
national bank of nigeria ltd.
payment order
plaintiff claims
plaintiff s claims
said account infavour of different persons
said amount
said cheque no.00006932
said denial of the plaintiff
senior counsel
statement of facts of the case
sum of n50,000,000.00
union bank of nigeria plc
various cheques

OLUKAYODE ARIWOOLA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Kaduna State High Court sitting in Kaduna delivered by J. S. Abiriyi, J. in Suit No. KDH/KAD/121/2001 on 3rd day of May, 2002 wherein the Plaintiff s claims were dismissed.

In an amended statement of claim dated 12th day of October, 2001 but filed on 26th day of October, 2001 the Plaintiff (hereinafter referred to as the Appellant) had claimed against the Defendant (herein after referred to as the Respondent) in paragraph 17 as follows:

"WHEREOF the Plaintiff claims against the Defendant as follows -

(a) AN ORDER directing the Defendant to allow the Plaintiff have access to the funds in its account with the defendant.

(b) AN ORDER that the said denial of the Plaintiff to the funds in its account as (sic) wrongful and a breach of contract.

(c) AN ORDER directing the Defendant to indemnify the Plaintiff for all the loss occasioned to third parties by the plaintiff as a result of the co…

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