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OMEGA BANK (NIG.) PLC.
V.
O. B. C. LTD

(2005) JELR 53349 (SC)

Supreme Court 7 Jan 2005 Nigeria
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- The case involves a dispute between the plaintiff and the defendant over a NEXIM loan agreement. - The plaintiff claimed damages for anticipated profit lost due to the defendant's refusal to release funds and process the plaintiff's loan

Case Details

Suit Number:SC. 77/2002
Judges:IDRIS LEGBO KUTIGI JSC SAMSON ODEMWINGIE UWAIFO JSC NIKI TOBI JSC DAHIRU MUSDAPHER JSC DENNIS ONYEJIFE EDOZIE JSC
Counsel:Prof. Taiwo Osipitan SAN (with him, A. M. Kayode) for the Appellant; L. O. Fagbemi SAN (with him, H. O. Afolabi, K. O. Fagbemi and A. O. Popoola) for the Respondent.

MUSDAPHER JSC (Delivering the Lead Judgment): In the High Court of Justice of Ondo State, in the Akure Judicial Division and in suit No. Ak/305/94, the plaintiff as per paragraph 94 of its amended statement of claim claimed against the defendant as follows:-

“94. Whereof the plaintiff claims from the defendant as follows:

(1) A sum of ₦71,000,000.00 (Seventy-one million naira) as follows:

(a) A sum of ₦47,000.00 being anticipated profit which the plaintiff lost due to the refusal and/or failure to release to the plaintiff a sum of at least ₦5 million NEXIM fund, three years revolving export finance facility or arose from the refusal and or failure on the part of the defendant to process the plaintiff’s application for ₦5 million NEXIM three years revolving export finance facility for 1991/92, 1992/93 and 1993/94.

(b) A sum of ₦12 million as damages from the refusal of the defendant to release to the plaintiff letters pledged securities with the defendant but for which no fund was made …

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