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(2022) JELR 109955 (SC)

Supreme Court 18 Feb 2022 Nigeria
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- The appellants filed a lawsuit against the respondents regarding the alleged wrongful transfer of funds. - The trial court ruled in favor of the appellants, but the respondents filed applications to set aside the judgment. - The Court of

Case Details

Suit Number:SC.205/2010
Judges:Mary Ukaego Peter-Odili JSC Ejembi Eko JSC Mohammed Lawal Garba JSC Ibrahim Mohammed Musa Saulawa JSC Tijjani Abubakar JSC
Counsel:Ademola Abimbola, with him, Ayooluwa Oderinde and Esther Jesudunno Longe for the Appellants; Okogbuje Odion for the 1st Respondent; Edidiong Usungurua with him, Itote Damisa Sam-John Usani, Marcel Egbinine and Ogaku Kanu Agabi for the 2nd & 3rd Respondents; The 4th respondent was absent though served on 16/11/2021.

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Calabar Division or Court below or lower Court, delivered on Tuesday, the 19th May, 2009 Coram: Kumai Bayang Akaahs JCA (as he then was), Jean Omokri and Theresa Ngolika Orji-Abadua JJCA on appeal from the Federal High Court, Calabar, per C.C. Nwogwugwu J. 

FACTS BRIEFLY STATED 

The appellants were the plaintiffs at the trial Court and commenced the action in that Court by the particulars of claim filed on 15/7/1987. The reliefs claimed by them were contained in the Further Amended Statement of Claim and are as follows: 

(a) A Declaration that the Defendants wrongfully took over and operated the 1st Plaintiff's Lagos Account No. 1671 opened at 1st Defendant's Lagos branch without allowing the 1st Plaintiff's to further use or operate or do business with the said account No. 1671. 

(b) AN ORDER directing the Defendants to refund to the Plaintiffs the following…

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