NDOMA-EGBA
V.
A.C.B. PLC.

(2005) JELR 45993 (SC)

Supreme Court · SC.40/2001 · 15 Jul 2005 · Nigeria
·

Other Citations

Ndoma-Egba v. A.C.B. Plc. (2005) 14 NWLR (Pt. 944) 79 (2005) 7 S.C (Pt III) 27

CORAM

IDRIS LEGBO KUTIGI JSC SYLVESTER UMARU ONU JSC UMARU ATU KALGO JSC IGNATIUS CHUKWUDI PATS-ACHOLONU JSC GEORGE ADESOLA OGUNTADE JSC

Ratio Decidendi

Core Terms ^Beta

plaintiff

defendant

exhibits

cheques

case

law firm

trial judge

partnership act

evidence act

reasonable doubt

trial court

bank draft

cross-examination

oluwaseyi fabelurin

senior partner

account of the law firm

amended statement of claim

criminal code

issue of forgery

1st march

authority of the law firm of ndoma-egba

bank statements

behalf of ndoma-egba

charge of the general management of the partnership

court of appeal

date of withdrawal

defence counsel

defendant vide exhibit

mr. richard d. ebri

oldest surviving partnership

partner richard david ebri

plaintiff victor ndoma-egba

result of the defendant

said cheque

said judgment

signature of his partner mr. richard ebri

specimen signatures

surrounding circumstances of this particular case

trial of this case

view of section

way of dual mandate signatures

written record elias v

OGUNTADE, J.S.C.: (Delivering the Leading Judgment): The appellant was the plaintiff at the Calabar High Court of Cross River State. He brought the suit for and on behalf of Ndoma-Egba, Ebri and Co. (hereinafter referred to as the Law firm'). He claimed against the respondent, as the defendant for the following:

"(i) The sum of ₦331,000.00 unlawfully withdrawn from the plaintiff's current account No. 05756 as a result of the defendant's negligence and collusion.

(ii) Interest on the principal sum calculated at the rate of 52% from the date of withdrawal until judgment.

(iii) ₦5 million (Five million Naira) being general damages for breach of contract, negligence for breach of contract, negligence and loss of reputation".

The parties filed and exchanged pleadings after which the suit was heard by Itam J. In a reserved judgment on 22-9-98, the trial Judge awarded to the plaintiff the sum of ₦331,000.00 being the amount alleged to have been unlawfully withdrawn from the account of the …

NDOMA-EGBA V. A.C.B. PLC.

NDOMA-EGBA
V.
A.C.B. PLC.