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ASOL NIGERIA LTD
V.
ACCESS BANK NIG PLC

(2014) JELR 48703 (CA)

Court of Appeal 21 Mar 2014 Nigeria
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- The appellant sought release of N17,492,081.11, which had been awarded as a judgment sum by the Lagos High Court based on admissions by the respondent in pleadings; these funds were preserved by court order and held by the Chief Registrar

Case Details

Suit Number:CA/L/164M/10
Judges:SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria
Counsel:Alade Agbabiaka, SAN with G. K. Abdulsalam For Appellant Richard Oluwole with D. Ajayi For Respondent

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Lagos High Court of Justice presided over by Honourble Justice A. A. Oyebanji and contained in her ruling dated 5th October, 2006.(Found on pages 62-70 of the record of appeal).

In her said ruling, the learned trial judge refused the application of the Appellant (then judgment creditor/Applicant) for the release to it of the sum of N17, 492,081.11 representing the judgment sum awarded it by the learned trial judge in her judgment of 2nd December, 2005 (found on pages 49-53 of the record) entered in favour of the Appellant/judgment creditor on the basis of admissions made by the Respondent/Judgment Debtor in its pleadings before the court below, together with interest therein (see application on pages 36-48 of the record of appeal) and which said amount was and still is in the custody of the Chief Registrar of the Lagos High Court consequent upon an order of interim preservation of the…

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