Union Bank of Nigeria Plc V. Chief J. D. Okubama (2000)

LawGlobal-Hub Lead Judgment Report

IBIYEYE, J. C. A.

Th

is is an appeal against the judgment of Onafite Kuejubola, J. of the Delta State High Court of Justice sitting in Warri on the 25th day of September, 1998. The plaintiff who is the respondent in this appeal claimed in paragraph 26 of his further amended statement of claim against the defendant as appellant as follows:-

Whereas the plaintiff claims against the defendant the sum of N9.664,250 (Nine million, six hundred and sixty four thousand two hundred and fifty naira) as special and general damages being the loss suffered by the plaintiff.

PARTICULARS OF NEGLIGENCE

Based on cheques issued by the plaintiff to the Nigerian Ports Authority to be drawn on the defendant, the defendant refused, failed and/or negligently refused to pay same despite the sufficiency of funds at the material time.

PARTICULARS OF SPECIAL DAMAGES

Amount of refund plaintiff is entitled to from Nigeria Ports Authority is $12, 779.33 (Twelve thousand, seven hundred and seventy nine dollars and thirty nine cents) …. At N82.00 per $1.00 …. N1,047,905.00 demurrage incurred as a result of N.P.A. refusal to allow plaintiff’s vessels sail is 19,152.08 German Marks at N55.5029 = 1,062,996.00

GENERAL DAMAGES

4. Damages suffered by plaintiff as a result of defendant’s failure to honour the withdrawal of $200.00 from plaintiff’s domiciliary account when there was sufficient fund… N3,000,000.00

4a Damages suffered by the plaintiff when the defendant failed to honour plaintiff’s cheque when there was sufficient fund in the current account….

= 4,000,000.00

4b Damages suffered by the plaintiff for shock, inconvenience, frustration and loss of reputation…

= 553,349.00

Grand Total              = “9,664,250.00