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TIWANI LTD.
V.
CITI TRUST MERCHANT BANK LTD.

(1997) JELR 45499 (CA)

Court of Appeal 17 Jun 1997 Nigeria
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Case Details

Suit Number:CA/PH/221/96
Judges:ALOYSIUS IYORGYER KATSINA-ALU JCA RAPHAEL OLUFEMI ROWLAND JCA MORONKEJI OMOTAYO ONALAJA JCA
Counsel:Bambo Adesanya. Esq; For the Appellant; Oluseye Opasanya, Esq; For the Respondent.
Other Citations:Tiwani Ltd. v. C.T.M.B. Ltd (1997) 8 NWLR (Pt. 515)


KATSINA-ALU, J.CA.: (Delivering the Leading Judgment): This is an appeal against the decision of Sanyaolu. J. of the Federal High Court, Port Harcourt delivered on 21 July. 1995.

The respondent as plaintiff claimed against the defendant as follows:

1. An order of possession of the said vessel;
2. The liquidated sum of ₦6,933,871.88k, being unpaid rental arrears, and over-draft granted to the defendant by the plaintiff at the defendant's request, with interest thereon at the plaintiff's current prime lending rate from time to time from 1st January. 1994 till judgment and thereafter total liquidation of the sum;
3. An order of specific performance of the contractual obligation to obtain all requisite approvals; and
4. Damages for breach of contract, loss of profit, as may be assessed; or in the alternative.
5. The liquidated sum of ₦22,355,783.78k plus interest thereon at the plaintiff's current prime lending rate from time to time from 1st January 1994 till total liquidation of the deb…

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