ALIMS NIGERIA LTD
V.
U.B.A. PLC

(2006) JELR 57749 (CA)    

Court of Appeal  ·  CA/B/25/2004 ·  6 Jun 2006 ·  Nigeria
CORAM
PIUS OLAYIWOLA ADEREMI JCA (Presided) UWANI MUSA ABBA AJI JCA (Read the Lead Judgment) GEORGE OLADEINDE SHOREMI JCA
Core Terms Beta
judgment
learned trial judge
jurisdiction
plaintiff
respondent
counsel
stay of execution
grounds of appeal
issue
suit no. hau
appellate court
declaratory judgment
said judgment
instant case
lower court
24th day of november
abba-aji jca
benin city
existing judgment
force of law
judgment of the lower court
united bank
considered judgment
earlier judgment of the court
high court of justice
suo motu
1st day ofaugust
aderemi jca
appeal fails
appellant of the fruits of its judgment
briefs of argument
contents of judgment of courts
court ofappeal inthe event
custody of the defendant
defendant’s appeal
determination of the appeal
following reliefs
jurisdiction of court wasnot
lack of merit
lead judgment
mere fact
order of this honourable court
plaintiff claim
present case
senior counsel
siralfred o. eghobamien san
subject of an appeal

ABBA-AJI JCA (Delivering the Lead Judgment): The appellant commenced this action against the respondent at the High Court of Justice, Auchi by way of originating summons whereby he seeks the following reliefs:-

“(1) A declaration that the plaintiff is entitled to a release of itsproperty registered as No. 25 at page 25 in volume 714 of the lands registry in the office at Benin city which was a subject of litigation at the High Court of Justice, Auchi in suit No. HAU/72/95 Alims Nigeria Ltd v. United Bank For Africa Plc decided by Hon. Justice Aliu Okunega on the 24th day of November, 2000 and presently being retained in the custody of the defendant.

(ii) An order of this honourable court directing the defendant to release to the plaintiff forthwith the aforementioned title deed.” In a considered judgment delivered on the 1st day ofAugust, 2003, the learned trial Judge refused to grant the reliefs sought. This is what the learned trial Judge said in refusing the grant of the relief…

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