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U.B.A. PLC.
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MODE NIGERIA LTD

(2001) JELR 53517 (CA)

Court of Appeal 5 Apr 2001 Nigeria
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- The respondent (plaintiff) maintained a current account with the appellant bank and instructed the bank not to honour cheques due to a change in signatories; the bank disregarded the instruction, leading to unauthorized withdrawals and si

Case Details

Suit Number:CA/E/105/99
Judges:EUGENE C. UBAEZONU, JCA (Presided and Read the Lead Judgment) JOHN AFOLABI FABIYI, JCA MUSA DATTIJO MUHAMMAD, JCA
Counsel:Chief F. R. A. Williams, SAN (with him, T. E. Williams, Esq.) - for G -*- the Appellant . -*- Ken E. Mozia, Esq. - for the Respondent .

UBAEZONU, JCA (Delivering the Lead Judgment): This is an appeal from the ruling (and judgment) of the High Court of Enugu State (not High

Court of Anambra State as stated in the appellant’s brief) sitting at Enugu Judicial Division and presided over by Ugwu C. J. of Enugu State High Court. The case was filed under the undefended list cause. On the 15th day of June, 1999 the learned trial Chief Judge gave his ruling dismissing the appellant’s application to defend the suit and immediately proceeded to enter judgment against the appellant in accordance with the claim. The learned Chief Judge decreed as follows:- “For this and other reasons given above, the 1st defendant’s application to defend this suit has no merit and it is hereby dismissed. Judgment therefore is hereby entered in favour of the plaintiff as follows:-

The 1st defendant shall pay to the plaintiffs the sum of N45,166,498.03 being the plaintiffs’ balance in their current account No. 201026389 with the 1st defendant’s

Bank …

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