Afribank Nigeria Plc. V. Mr. Chima Akwara (2006)

LAWGLOBAL HUB Lead Judgment Report

OGUNTADE, J.S.C.

The respondent, as the plaintiff, issued his writ of summons against the appellant (as the defendant) on 11-4-90 at the Aba High Court of Imo State claiming the following:

“(a) An order of this Honourable court directing the defendant to transfer to the plaintiff’s overseas customer as contained in BILL NUMBER BC. 1406/81 namely NEWBY IRON FOUNDERS LIMITED OF WEST MIDLANDS the sum of ‘a317,647.00 (Seventeen Thousand Six Hundred and Forty Seven Pounds Sterling) as contracted between them.

(b) 20% (Twenty per centum) interest on the said sum of 17,647.00 from July 1982 till judgment is delivered.

(c) 4% (Four per centum) interest on the said sum from the date of judgment until completely liquidated.

(d) N4m (Four Million Naira) damages for libel

(e) N6m (Six Million Naira) special and general damages for negligence.

Particulars of special damages

(i) 252,000 pieces of water pipe fittings at N17.00 (Seventeen Naira) loss per pipe fitting: = N4,284,000.00

(ii) 1,400 tonnes of mild steel sections from John Willisma Steel Services Ltd. at N940.00 loss per to tonne = N 1,316,000.00

(iii) Air Tickets/Transportation = N30,000.00

(iv) Hotel Bills/Accommodation = 144,000.00

(v) Telex Messages/Telephone calls = N5,000.00

(iv) Telex Messages/Telephone calls = N5,000.00