(2010) JELR 45802 (CA)    

Court of Appeal  ·  CA/B/98/2003 ·  17 May 2010 ·  Nigeria
OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria
Core Terms Beta
estate account
ben edo-osagie
respondent bank
learned trial judge
exhibit d
statement of claim
trial judge
original executors
absolute control
appellate court
brief of argument
exhibit d.
good faith
lower court
pastor nafiu bello-osagie
weight of evidence
account of the estate
account of the estate of late chief bello-osagie
benin city branch of the respondent bank
case of the defence
chioma egondu nwosu-iheme
claims of the appellants
conclusion of trial
exhibit h.
final result
findings of the learned trial judge
high court of edo state
holders of the estate account
humble view
issue no.3
judgment of the trial court
leading judgment
learned trial judge edokpayi
nya v. edem
preliminary objection
preponderance of evidence
record of appeal
said monies
single issue
single mention of the amount

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellants who were the Plaintiffs in the court below instituted the action which led to this appeal against the Respondent who was the Defendant in the High Court of Edo State.

In their further amended Statement of Claim, the Appellants claimed the following reliefs against the Respondent Bank:

"(a) A declaration that all monies removed from the account of the Estate of Late Chief Bello-Osagie via cheques signed by a non-executor were illegally removed.

(b) An order that the said monies thus illegally removed be refunded and paid over to the account of the estate forthwith.

(c) One Million Naira General Damages for negligence. "

Pleadings were filed and exchanged by the parties. The case presented at the trial briefly put, was that the four Original Executors of the Will of Late Chief Bello-Osagie, namely Ben Edo-Osagie, Alhaji Sule Oyiboke, Mr. E.O. Igunbor and late Bishop John Edokpolor, opened an Estate Acco…

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