(2018) JELR 38955 (CA)    

Court of Appeal  ·  CA/PH/253/2011 ·  20 Apr 2018 ·  Nigeria
ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria THERESA NGOLIKA ORJI-ABADUA Justice of The Court of Appeal of Nigeria CORDELIA IFEOMA JOMBO-OFO Justice of The Court of Appeal of Nigeria
Core Terms Beta
writ of summons
lower court
learned counsel
statement of claim
civil procedure
signing of the writ of summons
trial court
court processes
high court of rivers state
legal practitioners act
record of appeal
suit no. phc
amended writ of summons
court of appeal
failure of the respondent
favour of the respondent
learned trial judge
name of a legal practitioner
said amended writ of summons
absence of a restraining order of court
abuse of court process
amended notice of appeal
ample time
appellants notice of appeal
appellants reply brief
appropriate signature
behalf of the respondents counsel
briefs of argument
contention of the learned counsel
decision of the federal high court
decision of the high court of rivers state
draft copy of the lead judgment
due process of law
express intention of the law maker
final judgment of b. a. georgewill
f. learned counsel
incompetence of the originating process
issue of irregularity
leading judgment
leave of court
name of b. m. wifa ofr
provision of a substantive law
respondents consequential amended brief of argument
rules of the high court of rivers state
said requirement
signing of an originating process
such step
suit no. fhc
validity of the amended writ of summons

CORDELIA IFEOMA JOMBO-OFO, J.C.A.(Delivering the Leading Judgment): This appeal is against the decision of the High Court of Rivers State (hereinafter referred to as the trial/lower Court) as contained in the final judgment of B. A. Georgewill, J. (as he then was) in suit No. PHC/1996/2007.


By its amended writ of summons filed 6th May, 2008 and the further amended statement of claim dated 29th October, 2010 and which can be gleaned from pages 45 46 and 723 726 respectively of the record of appeal, the claimant who before us is the respondent had sought the following reliefs at the lower Court:

a. A DECLARATION that in the absence of a restraining order of Court, the Claimant is entitled as of right to operate its Corporate Current Account Nos. 0112883002 and 0112883001 maintained with the Defendant.

b. A DECLARATION that the Defendant is in breach of its Fiduciary Duty to the Claimant in disclosing Claimants account numbers with the Defendant to a complete stranger.

c. N3,…

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