AKINWALE-OGUNTIMEHIN & ORS
V.
TRADE BANK PLC

(2016) JELR 45857 (CA)    

Court of Appeal  ·  CA/L/340M/2011 ·  30 Mar 2016 ·  Nigeria
CORAM
CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Core Terms Beta
favour of the respondent
1st appellant
ndic v obende
order of court
locus standi
counter-claim
cases of cbn v. beickit construction
paras d-e
arguments of counsel
legal personality
leave of court
respondent alleges
lower court
banking license
3rd appellants
leading judgment
failed bank
paras f-f. counsel
estate abacha v eke
trial court
competent adjudication
nigerian deposit insurance corporation
counter-claim of the respondent
conclusion of trial
question of locus standi of parties
s.b.n. plc v.
submission of counsel
judgment of the lower court
central bank of nigeria
respondent
2nd appellant
such corporate personality
juristic person
banks act cap f2 lfn
learned justice
fatal error
v utc
receipt of deposits
case of ejiogu v. ndic
wordings of a statute
company
legal systems
locus standi of any litigant
loan facilities
grants of loans
united bank
interest charge

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos Coram Honourable Justice Atilade delivered on the 29th September, 2010 in favour of the Respondent.

The material facts that led to this appeal are that this suit was originally initiated by Mr. Benjamin Onilari who later died on 8th July, 2009. Thus, his daughter, the 1st Appellant in this appeal was substituted for him by an order of Court made on the 14th October, 2009. The original Claimant commenced this action against the Defendant by writ of Summons dated 11th December, 2003 seeking declarative and injunctive reliefs. The Respondent filed a Statement of Defence and a Counter-Claim on the 15th March 2005 joining the 2nd and 3rd Appellants as Defendants to the Counter-Claim. Upon leave of Court granted on the 8th August 2005, the Respondent filed an amended Statement of Defence and Counter-Claim claiming the sum of N87, 253, 331. 11 (Eighty …

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