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(2010) JELR 57800 (SC)    

Supreme Court  ·  SC.14/2003 ·  25 Feb 2010 ·  Nigeria
CORAM
GEORGE ADESOLA OGUNTADE JSC (Read the Lead Judgment) ALOMA MARIAM MUKHTAR JSC WALTER SAMUEL NKANU ONNOGHEN JSC CHRISTOPHER MITCHEL CHUKWUMA-ENEH JSC
Core Terms Beta
plaintiffs
interest
appellants
said sum
statement of claim
lead judgment
oguntade jsc
court of appeal
further alternative
trial court
cumulative claim of interest
iota of evidence
lower court
sum of n25,300,000.00
high court of the federal capital territory
judgment debt
legal position
plaintiffs’ account no.
pleaded fact
single issue
support of the rate of interest
theabuja branch of the defendant bank
trite law
above extract of the judgment of the court
above finding
agu jsc
argument of counsel
aspect of the judgment of the court
broughtan appeal
cross-appeal
favour of plaintiffs
following reliefs
judgment of the trial court
learned trial chief judge
light of the evidence
plaintiffs’ account
plaintiffs interest
plaintiffs’ use
principal claim
record of proceedings
relevant facts
respondent’s counsel
said award
said dishonour of the said cheques
south eastern railway
statement of defence
such transfer simpliciter

OGUNTADE JSC (Delivering the Lead Judgment): The appellants were the plaintiffs at the High Court of the Federal Capital Territory, Abuja where they claimed against the respondents as follows: “1. The sum of N25,300,000.00 (twenty-five million, three hundred thousand nairaonly) beingmoney wrongfullyand/or negligently“transferred” from the plaintiffs’ account No. 201078886 with theAbuja branch of the defendant bank.

Further or in the alternative, the plaintiffs claim the said sum as a debt which debt the defendant has failed to pay despite repeated demands. In the further alternative, the plaintiffs claim the said sum as their money converted by the defendant. Further, or in the alternative, the plaintiffs claim the said sum as money had and received by the defendant to the plaintiffs’ use. A consecutive and cumulative claim of interest on the said sum at the rate 21% per annum from 7 July 1998 until payment.” The parties filed and exchanged pleadings. On 8 March 2000, Saleb CJ gave…

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