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(2018) JELR 39176 (CA)

Court of Appeal 2 Feb 2018 Nigeria
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- This is an appeal against a decision of the High Court in favor of the plaintiff. - The appeal is based on objections regarding the Nigeria Deposit Insurance Corporation (NDIC) and the Notice of Appeal. - The court finds that the objectio

Case Details

Suit Number:CA/MK/159/2015
Judges:JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria
Counsel:Ogechi Ogbonna, Esq. For Appellant D.M. Tsevende, Esq. with him, C.B. Ekechukwu, Esq. For Respondent

JUMMAI HANNATU SANKEY, JCA (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice Benue State in Suit No. MHC/143/2001 delivered on June 25, 2004 wherein Judgment was delivered by Eko, J., (as he then was), in favour of the 1st Respondent (as Plaintiff), against the Appellant, and the 2nd and 3rd Respondents, (as Defendants). It is also a sister Appeal to Appeal No. CA/MK/214/2009, both having arisen from the same Judgment of the trial Court, wherein Judgment was delivered by this Court on January 25, 2018.

The 1st Respondent had commenced the action which gave rise to this Appeal by a Writ of Summons filed on June 8, 2001, together with a Statement of Claim. Thereafter, with the leave of the trial Court granted on October 31, 2003, it amended the claim by filing an Amended Writ of Summons and Statement of claim dated 20th January, 2003 wherein it claimed against the Defendants as follows:

(a) An unequivocal apology in writing addressed to…

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