(2014) JELR 40021 (SC)    

Supreme Court  ·  SC.204/2006 ·  11 Apr 2014 ·  Nigeria
Other Citations
U.B.N. Plc v. Chimaeze (2014) 9 NWLR (Pt. 1411) 166
IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
Core Terms Beta
cross appellant
trial court
general damages
special damages
lower court
cross respondent
cross appeal
statement of claim
trial judge
award of the sum of n250,000
award of the sum of n250,000.00
circumstances of this suit
edo state high court
favour of lever brothers nigeria plc
general trader
leading judgment
wrongful dishonour of the cheque
award of the special damages
award of the sum
basis of such contradictory evidence
brief facts of the case
concurrent finding of facts
cross appellant n100,000
customer holds
documentary evidence
hirat aderinsola balogun v.
increase of the general damages of n100,000.00k
judgment of the benin division of the court
lodgment of n206,000.00k
n250,000.00k general
opposing party
payment of the cheque
right reasons
similar issues
solicitors cost
sum of n205,936.00k
ukoma v. nicol

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Benin Division of the Court of Appeal dismissing the appeal of the appellant/cross respondent herein and allowing the cross appeal of the respondent/cross appellant herein. The judgment appealed against was delivered on the 22nd day of February 2006. The brief facts of the case that brought about the instant appeal and cross appeal are told hereinafter at once.

The respondent/cross appellant as plaintiff took out a writ at the Edo State High Court, hereinafter referred to as the trial court, against the appellant/cross respondent, the defendant thereat, claiming the sum of thirty million naira general and special damages for the wrongful dishonour of the cheque he drew on the appellant/cross respondent in favour of Lever Brothers Nigeria Plc. It is averred in the writ that the respondent/cross appellant had enough credit in the account which he operated as a general trader an…

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