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NSM FOODS LTD
V.
DIAMOND BANK

(2018) JELR 39622 (CA)

Court of Appeal 12 Jan 2018 Nigeria
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- This is an appeal against a ruling of the High Court of Lagos State. - The appellant is claiming special damages, cost of replacing unlawfully debited funds, a declaration of breach of agreement, an order restraining the defendant from en

Case Details

Suit Number:CA/L/609/2014
Judges:MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria
Counsel:Patrick Osu, Esq. with him, O. Akinnimi, Esq. and K.N. Amaefule, Esq. For Appellant I. Dike-Udensi, (Miss) For Respondent

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the decision/Ruling of OKE - LAWAL, J. of the High Court of Lagos State delivered on 31st March, 2014.

By Writ of Summons and Statement of Claim of 17/10/2012, the Appellant Claimant claims as follows from the Respondent:

i. The sum of N864,000,000 (Eight Hundred and Sixty Four Million Naira) being special damages to wit: loss of income (profit) occasioned by the Defendant's breach of the Agreement.

ii. The sum of N12,904,000 (Twelve Million Nine Hundred and Four Thousand Naira) being the cost of replacing the sum of N99,262,587 (Ninety Nine Million Two Hundred and Sixty Two Thousand Five Hundred and Eighty Seven Naira) unlawfully debited from the Claimant's account towards the re-payment of the Term Loan within the 12 month Moratorium.

iii. A DECLARATION that the Defendant is in breach of the terms of the agreement for the restructuring and refinancing of its facility of N860,000,000 (Eight Hundre…

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