(2007) JELR 44223 (CA)    

Court of Appeal  ·  CA/I/281/02 ·  3 Jul 2007 ·  Nigeria
JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria ALFRED PEARSON EYEWUMI AWALA Justice of The Court of Appeal of Nigeria

ALFRED P. E. AWALA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Yahaya J of the Federal High Court, Ibadan Division delivered on 23/7/02 in Suit No.FHC/IB/CS/149/2001. The Appellant, who was Plaintiff at the lower court, claimed against the Respondent, the Defendant thereat by originating summons the following reliefs:

1. "Declaration that upon the issuance of liquidator's certificate (creditors) by the defendant to the plaintiff the defendant had accepted responsibility for the judgment debt of the liquidated Allied Bank Plc.

2. An order directing the defendant to pay forthwith to the plaintiff the sum of One Million and Seven Thousand Two hundred and Seventy Six Naira Thirty Six kobo (1,007,276.36k) and 5% thereon from 15/5/96 until the total debt is liquidated with 10,000.00 awarded as costs in suit No. 1/135/97.

3. AND FURTHER ORDER(S) as the Honourable Court may deem fit to make in the circumstances.

For an apt comprehension of this appeal,…

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