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ZENITH BANK PLC
V.
BUSINESS GOLD LTD.

(2016) JELR 115397 (CA)

Court of Appeal 4 Jul 2016 Nigeria
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- The respondent, a private limited liability company, was awarded three contracts by the Nasarawa State Health System and Development Project (NSHSDP) and secured Advance Payment Guarantee and Performance Bonds from the appellant bank, whi

Case Details

Suit Number:Suit No. CA/A/33/2015
Judges:TINUADE AKOMOLAFE-WILSON, J.C.A., TANI YUSUF HASSAN, J.C.A., JOSEPH E. EKANEM, J.C.A.
Counsel:Dr Soni Ajala (with him, Uche Onyechefuna [Miss]) for the Appellant Adekola Mustapha (with him, P. T. Obasi [Miss]) for the Respondent

AKOMOLAFE-WILSON, J.C.A. (Delivering the Leading Judgment): The respondent herein is a private limited liability company, carrying on banking business with the appellant. By writ of summons filed on the 5th of July 2011, the respondent as plaintiff in the High Court of the Federal Capital Territory sitting at Abuja, claimed against the appellant as defendant, the following reliefs:

  1. Aggravated/exemplary damages of N100,000,000.00.

  2. An order directing the defendant to return to the company’s account the sum of N6,846,279.00, N7,384,047.00 and N2,947,276.00 unlawfully and improperly transferred from its two accounts.

  3. Interest of 21% from 15/3/2011 being date of the unlawful and improper transfer to the date of judgment and eventual payment.

  4. Interest at 10% per annum on the total judgment sum from the date of judgment until eventual liquidation.

In prove of these claims, the respondent filed its statement of claim and reply to statement of defence. It also called four witnesses who adopted thei…

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