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CONTRACT RESOURCES LTD. (NO. 2)

(2001) JELR 53185 (CA)

Court of Appeal 25 Apr 2001 Nigeria
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- The respondent filed a suit claiming the value of a crossed banker's draft that was not honored by the defendant. - The trial Chief Judge entered judgment in favor of the respondent and ordered the defendant to pay the value of the draft

Case Details

Suit Number:CA/E/7M/2000
Judges:JUSTIN THOMPSON AKPABIO, JCA SULE AREMU OLAGUNJU, JCA JOHN AFOLABI FABIYI, JCA
Counsel:M. E. Esonanjor, Esq. for the Appellant; O. I.E. Onukwili, Esq. for the Respondents.

FABIYI, JCA (Delivering the Lead Ruling): This suit was filed by the respondent, as plaintiff, and placed on the undefended list. He claimed as follows:-

“1. The value of plaintiff’s crossed banker’s draft No. 48356 dated 18/8/99 for N45,178,570.03 paid into our account with the defendant for presentation and collection through their Lagos office on 20/8/99. The defendant breached our agreement for presentation and collection through their Lagos office on 20/ 8/99. The defendant breached our agreement for presentation as per the memorandum of 19/8/99. The defendant negligently failed to present for acceptance the said Bill in accordance to (sic) the Bills of Exchange Act. Although the defendant had due notice thereof by letter dated 26/8/99 from the plaintiff.”

The respondent also claimed interest at the rate of 20% till payment or judgment and 10% from date of judgment until the payment of judgment sum. The affidavit in support of the suit filed in the undefended list principally…

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