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(2010) JELR 47142 (CA)

Court of Appeal 8 Jun 2010 Nigeria
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- The case involved an appeal from the judgment of the High Court of Akwa Ibom State, where the trial court found for the plaintiffs, awarding N215 million in special damages and N300 million in general damages against Union Bank and its ap

Case Details

Suit Number:CA/C/174/2008
Judges:KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria JAAFARU MIKAILU Justice of The Court of Appeal of Nigeria NWALI S. NGWUTA Justice of The Court of Appeal of Nigeria
Counsel:Patrick Ofem For Appellant Chief Assam E. Assam, SAN, with Jackson Inyang For Respondent

KUMAI BAYANG AKAAHS, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Akwa Ibom State, Eket Judicial Division presided over by Udoh J. which found for the Plaintiffs in an action arising from abuse of judicial process and damages resulting from negligence, unlawful seizure and disposal of property during the pendency of an action between the parties and awarded a total of N515,500,000.00 as special and general damages and a further sum of N40,000.00 as costs.

The facts leading to this appeal may be stated as follows:

In 1992, the 1st Respondent applied and obtained a loan facility of N2.9 million from Union Bank of Nigeria, Eket Branch. Out of this amount, the Bank released N1,649,300.00 by direct disbursements to the Nigerian Newsprint Manufacturing Company (NNMC), Oku Iboku, for the procurement of newsprint materials. The loan transaction was reduced into an All Asset Legal Mortgage Debenture dated 28th July, 1992 which was tender…

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