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EZIKPE & ANOR

(2026) JELR 114916 (SC)

Supreme Court 6 Mar 2026 Nigeria
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- The Respondents sued the Appellant bank in the High Court of Lagos State, seeking recovery of $217,381.05 debited from their account for foreign business payments which were not remitted, along with interest and damages for breach of cont

Case Details

Suit Number:SC.CV/50/2018
Judges:Mohammed Lawal Garba JSC Tijjani Abubakar JSC Haruna Simon Tsammani JSC Habeeb Adewale Olumuyiwa Abiru JSC Jamilu Yammama Tukur JSC
Counsel:Dr. Kolawole Mayomi, with him, David Andy Essien, Esq. For the Appellant. Chief Umeh Kalu, S.A.N., with him, Chibuike Chima, Esq., Chijioke Udeogu, Esq., Adekunle, Esq. and Arthur Ifeanyichukwu Alaoma, Esq For the Respondents.

MOHAMMED LAWAL GARBA, J.S.C. (Delivering the Lead Judgment): The 1st and 2nd Respondents, by a Writ of Summons at the High Court of Lagos State (trial Court), sought the following reliefs against the Appellant:

  1. The sum of USD 217,381.05 (Two Hundred and Eighty-One US Dollars and Five Cents) or its naira equivalent at the prevailing exchange rate being the total sum of money debited from the Claimants account held with the defendant which the defendant did not remit as expected as payment for a series of transactions between the Claimants and their foreign business partners.

  2. The interest on the said sum of USD217,381.05 (Two Hundred and Eighty-One US Dollars and Five Cents) or its naira equivalent at the prevailing exchange rate at the rate of 195 per annum from January 1983 until final liquidation of the debt.

  3. General damages in the sum of N5,000,000.00 (Five Million Naira) for breach of contractual banking obligation from the defendant to the Claimants.

  4. The cost of this action.

The f…

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