(2009) JELR 49502 (CA)    
Court of Appeal  ·  CA/E281/07 ·  31 Mar 2009 ·  Nigeria
AMIRU SANUSI Justice of The Court of Appeal of Nigeria STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria
Core Terms Beta
bank drafts
lower court
bank cheques
special damages
2nd plaintiff
duty of care
general damages
local cheques
psychological trauma
concrete evidence
credible evidence
fiduciary relationship
learned counsel
statement of claim
award of damages
benue state
c.e.o. of the 1st plaintiff
cheque no.
enugu main branch
facts of this case
judgment of the lower court
loss of good will
said breach
sum of n7
agreed banking transactions
burden of proof
decision of high court of justice enugu state
eye-gym mineral resources ltd
following orders
independent petroleum products marketer
instructions of the 1st plaintiff
ishaya d. agyo
issue no.1
leading judgment
learned trial judge
limited liability company
notice of appeal
plaintiffs lead evidence
respondent united bank
rules of this court
second claim
section 13s-7 of the evidence act
submission of the learned counsel
submissions of the learned counsel
third option

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of High Court of Justice Enugu State (the lower Court" for short) delivered on 28th July 2005 (Coram Udeh J). By their statement of claim the Respondents as Plaintiffs at the lower court, Instituted this action against the appellant then as defendant thereat, claiming against the defendant jointly and severally as follows:-

(i) The sum of Fifty million Naira (N50,000,000.00) as specific and general damages for injuries inflicted on the plaintiffs by the defendant when the defendant on 28-9-99 negligently and; or maliciously disobeyed the Instructions of the 1st Plaintiff on Cheque No. 000525451 and issued Bank Cheques instead of Bank Drafts for payment to NNPC at Makurdi.

(ii) Interest on the sum claimed at the rate of 21% from 1-11-99 until the final payment is made.

(iii) Cost of this action.

At the lower court the appellant, then respondent United Bank for Africa Plc, Enugu Main Branch…

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