Confidence Bureau De Change V. Francis Ikemefuna Ndeanefo (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment)

On 16-2-2007, a writ of summons was issued at the instance of the appellant herein, as plaintiff, commencing suit No. O/23/2007 in the Anambra State High Court in Onitsha Judicial Division against the respondent herein as defendant.

The case was tried on the basis of the following pleadings, namely Amended Statement of claim, Amended Statement of defence and reply to statement of defence. Each pleading was accompanied by written depositions of witnesses, list of witnesses, list of documents and documents to be relied on at the trial.

The plaintiff claimed for;

a. an order that the defendant shall indemnify the plaintiff of all the net profit of N2, 786,000 that shall have accrued to the plaintiff monthly from November, 2006 until the embargo is lifted by the (C.B.N.) Central Bank of Nigeria.

b. A written apology to the plaintiff and copied to C.B.N, N.D.L.E.A, and E.F.C.C. & ABCON.

c. N1,000,000.00 as special and general damages”.

The plaintiff adduced evidence in support of its case through one witness, PW1. The defendant also adduced evidence in defence

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through one witness, DW1.

After the close of address by both parties, the trial Court rendered its judgment on 25-9-2012 granting the plaintiff reliefs in the following terms:

1. “the defendant has to write a written apology to the plaintiff.
2. N500,000.00 (five hundred thousand naira) general damages is awarded against the defendant assess costs of this case at N50,000.00 against the defendant.

It held that the plaintiff’s claim for loss of monthly net profit of N2,786,000.00 failed.

Dissatisfied with this judgment, the plaintiff on 21-11-2012 commenced this appeal No CA/E/33/2013 in this Court by filing a notice of appeal containing four grounds of appeal.

Both sides have filed exchanged and adopted their respective briefs, namely, appellant’s brief, respondent’s brief and appellant’s reply brief.