United Bank for Africa Plc V. New Tarzan Motors Limited (2016)

LawGlobal-Hub Lead Judgment Report

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.

This is an appeal against the judgment of the High Court of Anambra State, sitting at Onitsha (hereinafter referred to as the Lower Court) delivered by Hon. Justice Vin Agbataon the 28th day of January, 2008. The suit was originally instituted by the plaintiff/respondent vide a writ of summons filed on the 9th day of June, 2005, wherein the Respondent claimed against the defendant/appellant in the following terms as reproduced below:

?WHEREFORE the plaintiff claims from defendant the sum of N150,000.000.00 being general and special damages for wrongful deduction and breach of contract.

PARTICULARS OF DAMAGES SPECIAL DAMAGES

Deduction from plaintiff?s account from 25th December, 2000 ? 25th January, 2002

– N21,220,925.57

Interest on the amount: – N37,681,220.21

Total – N57,962,145.78

General Damages: – N91,097,854.22

Grand Total – N150,000.000.00?

At the close of pleadings, both parties led evidence in proof of their respective cases. The plaintiff/respondent called two (2) witnesses, while the defendant/appellant

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called only one witness. At the end of it all, the learned trial judge entered judgment for the plaintiff/respondent in the following words:

?The plaintiff is, therefore, entitled to judgment in this suit. The defendant shall pay to the plaintiff the sum of N21,220,925.57 being unauthorized deductions from the accounts of the plaintiff with her from the 25th day of December, 2000 to the 25th day January, 2002. The plaintiff claimed also, against the defendant, the sum of N37, 681,220.21 being interests on the above stated judgment debt. She did not however, establish by evidence how she arrived at that figure. Be that as it may, the Supreme Court in the case ofBalogun vs. National Bank of Nigeria Ltd. (1978) 3 S. C. 155, had restated the law to the effect that people engaged in business should recover substantial damages without proof of actual loss. The defendant shall, therefore, also pay to the plaintiff the sum N37, 681,220.21 being damages for breach of contract.?