Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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"(i) The sum of ₦331,000.00 unlawfully withdrawn from the plaintiff's current account No. 05756 as a result of the defendant's negligence and collusion.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the trial Judge awarded to the plaintiff the sum of ₦331,000.00 being the amount alleged to have been unlawfully withdrawn from the account of the …

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