(2008) JELR 49419 (CA)    

Court of Appeal  ·  CA/L/207/05 ·  26 Jun 2008 ·  Nigeria
ISA AYO SALAMI (OFR) Justice of The Court of Appeal of Nigeria HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria ADAMU JAURO Justice of The Court of Appeal of Nigeria
Core Terms Beta
cause of action
statement of claim
learned trial judge
31st december
bank cheque
20th june
claim of the appellant
learned counsel
order of this court
respondents letter of 1st april
suit no. ld
sum of n1,625,000.00
17th day of february
3rd april
actual date of the cause of action
african continental bank plc
arguments of counsel
barring period
case of fred egbe vs adefarasin
cases of omotayo vs nrc
claimants counter affidavit
considered view
contravention of the limitation law
credit balance
customer of the respondent
defendants bank
escrow account
facts of this case
first claim of the claimant
following passage of his judgment
further support of this contention reference
leading judgment
legal action
nigerian deposit insurance corporation
said account
said bank cheque
said report
said sums of n1,625,000.00
second claim of the claimant
simple reason
special circumstances of the case
special circumstances of this case
support of the definition reference
value of the bank cheques
value of the lost cheque

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Justice Lagos State, sitting in the Lagos Judicial Division in Suit No. LD/1344/04 delivered on the 17th day of February 2005, by Hon. Justice A. A. Phillips.

The claim of the appellant as plaintiff, against the respondent in the court below, is as contained in paragraph 24 of the Statement of Claim, as follows:-

"(a). The sum of N1,625,000.00 (One Million Six Hundred and Twenty Five Thousand Naira) being the value of the Bank cheques purchased by the plaintiff from the defendants, which cheque was never cashed but instead, placed in an escrow account and N30,527.65 (Thirty Thousand Five Hundred and Twenty Seven Naira, Sixty Five kobo) being the credit balance in the plaintiffs account No.202411 with the defendants Bank as at 31st December, 1997.

(b). Interest on the said sums of N1,625,000.00 and N30,527 65 at the rate of 25% per annum from 20th June, 1994 until the plaint…

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