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A.C.B. & ANOR.
V.
OKORIE

(2005) JELR 56306 (CA)

Court of Appeal 24 Nov 2005 Nigeria
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Case Details

Suit Number:CA/E/18/2003
Judges:JAMES OGENYI OGEBE JCA SULEIMAN GALADIMA JCA OLUFUNLOLA O. ADEKEYE JCA
Counsel:Dr. E. E. J. Okereke Esq. for the Appellants; Okey Anike Esq. for the Respondent.

GALADIMA JCA (Delivering the Lead Judgment): The initial claim of the plaintiff against the defendants jointly and severally dated 18/5/87 and filed 19/5/87 was subsequently amended. The amended statement of claim dated 6/9/96 and filed on 30/9/96 reads as follows:

“(i) A declaration that upon the payment of the sum of N105,074.81 to the 1st defendant by the plaintiff on 14th December, 1987, the plaintiff had fully and finally paid off his outstanding indebtedness to the 1st defendant.

(ii) A declaration that the plaintiff is entitled to the refund of all excess interest charged and unmerited/unauthorized charges debited to his account No. 085 by the 1st defendant amounting to N50,647.38

(iii) An order of perpetual injunction restraining the defendants or their servants or agents or privies from selling the plaintiff’s properties situate at Plot 8, block A1 New Haven East layout and Plot 1, block 4 Ogui New layout otherwise known as No. 12 Onyiuke Street, Ogui New layout Enugu and Plo…

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