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(2000) JELR 49494 (CA)    

Court of Appeal  ·  CA/B/289/98 ·  11 Apr 2000 ·  Nigeria
Other Citations
Union Bank of Nig. Plc. v. Okubama (2000) 14 NWLR (Pt.688)570
Union Bank of Nig. Plc. v. Okubama (2000) 14 NWLR (Pt. 688) 570
RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria BABA ALKALI BA’ABA Justice of The Court of Appeal of Nigeria SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
learned trial judge
trial court
senior advocate
exhibit f
general damages
learned counsel
learned senior advocate
exhibits f
issue no.1
exhibit z
exhibit u
amended brief of argument
approved overdraft facility of n40,000.00
award of n1,047,905.00
award of naira equivalent
bank honours
bill of professional charges
breach of contract of the dishonoured cheques
cheques numbers
close of case
copy of exhibit u
credible evidence
date of judgment
delta state high court of justice
event of the respondent
fact of the existence of a legal mortgage
final analysis
further amended statement of claim
issue of banking facility
leave of court
legal obligation
n1,047,905.00 demurrage
particulars of negligence
payment of subsequent cheques
plaintiff claims
printed record
proper evaluation of the evidence
said judgment sum
senior advocate of nigeria
such award of special damages
sum of n9.664
view of the negative development

IBIYEYE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Onafite Kuejubola, J. of the Delta State High Court of Justice sitting in Warri on the 25th day of September, 1998. The plaintiff who is the respondent in this appeal claimed in paragraph 26 of his further amended statement of claim against the defendant as appellant as follows:-

Whereas the plaintiff claims against the defendant the sum of N9.664,250 (Nine million, six hundred and sixty four thousand two hundred and fifty naira) as special and general damages being the loss suffered by the plaintiff.


Based on cheques issued by the plaintiff to the Nigerian Ports Authority to be drawn on the defendant, the defendant refused, failed and/or negligently refused to pay same despite the sufficiency of funds at the material time.


Amount of refund plaintiff is entitled to from Nigeria Ports Authority is $12, 779.33 (Twelve thousand, seven hundred…

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