U.B.N. PLC
V.
NTUK

(2003) JELR 50954 (CA)    

Court of Appeal  ·  CA/C/107/2001 ·  17 Feb 2003 ·  Nigeria
 · 
Other Citations
U.B.N. Plc v. Ntuk (2003) 16 NWLR (Pt. 845) 183
CORAM
SIMEON OSUJI EKPE JCA (Presided) SULE AREMU OLAGUNJU JCA ISTIFANUS THOMAS JCA (Read the Lead Judgment)
Core Terms Beta
respondent
plaintiff
appellant
representative capacity
locus standi
trial court
local government
learned trial judge
power of attorney
grounds of appeal
ikot abasi
appellate court
account of the conference
evidence of the respondent
national conference of local government chairmen
respect of account no.
authorised agent of the conference
facts of the case
financial transaction
plaintiff’s demand
respondent’s brief
third party
above stated grounds of appeal
attorney-general
award of n500,000.00
breach of its duty of confidence
breach of the mandate
current account
damages of n500,000.00
debit advice claim
declaration of this honourable court
defendant bank
discharge of the obligations of the conference
justice of the case
lead judgment
leave of this court
national treasurer of the national conference of local government chairmen
order of this court
plaintiff’s name
reliefs of the respondent
respect of the said account
respondent’s counsel
suit no. hab
sum of n500,000.00
thomas jca
virtue of the mandate
wrong plaintiff

THOMAS JCA (Delivering the Lead Judgment): This appeal is from the decision of Okpo, J., in suit No. HAB/32/97 sitting at IkotAbasi Judicial Division of Akwa Ibom State. The judgment was delivered on 17th August, 2000.

The plaintiff now respondent, claimed against the defendant now appellant as per the writ of summons as follows:

“1. A declaration of this Honourable Court that: the plaintiff by virtue of the mandate authorising the operation of both the current account and savings account No. 01/437 with the defendant bank in Ikot Abasi and his office as the National Treasurer of the National Conference of Local Government Chairmen and sole signatory to the account of the Conference, entitled on behalf of the National Conference of Local Government Chairmen, to withdraw from the account of the conference generally and particularly in discharge of the obligations of the conference which accrued prior to November, 1993; and the defendant acted wrongfully and in breach of the mandate aut…

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