(2018) JELR 38854 (CA)    

Court of Appeal  ·  CA/B/67/2013 ·  31 May 2018 ·  Nigeria
PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
trial court
award of damages
appellate court
grounds of appeal
exhibits d1
general damages
public documents
trial judge
following cases
notice of appeal
statement of claim
amended notice of appeal
said cheque
wrongful dishonour of his cheque
circumstances of the case
facts of this case
first reason
judgment of the high court of edo state
principle of law
such particulars
above cited authority
award of the sum of n5,000,000.00
conclusion of trial
content of exhibit p3
decision of the learned trial judge
evidence of the appellant
existence of exhibits d1
expectation of the respondent
favour of the plaintiff
jurisdiction of this court
leading judgment
learned trial judge lacks jurisdiction
leave of this court
order of a competent court
provisions of the evidence act
rules of this court
said respondent
sum of n5 miilion damages

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Edo State sitting in Benin and delivered by R. I. Amaize J., on the 5th day of November, 2012 wherein the sum of N5 Miilion damages was awarded in favour of the plaintiff/claimant (now respondent).

The respondent herein had as plaintiff in the trial Court taken out a writ of summons against the defendant (now Appellant) on the 20/5/2011 claimed as per paragraph 15 of the statement of claim as follows:

WHEREOF the plaintiff claims against the defendant the total sum of Twenty Five Million Naira (25,000,000.00) only being damages for the wrongful dishonour of his cheque when he had sufficient fund standing to his credit.

Briefly stated, the facts of this case is that the Respondent is a private legal practitioner based in Benin City, Edo State and operates an account with the Appellant at its branch at Oregbeni, Benin City. The said Respondent issued a cheque in the…

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