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CO-OPERATIVE DEVELOPMENT BANK PLC
V.
JOE GOLDAY COMPANY LTD. & ORS.

(2000) JELR 47334 (CA)

Court of Appeal 13 Apr 2000 Nigeria
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- The case involves an appeal against a judgment in favor of the plaintiffs who claimed various reliefs against the defendant. - The plaintiffs alleged unauthorized consolidation of accounts, unauthorized debits, and sale of shares at a low

Case Details

Suit Number:CA/C/20/98
Judges:DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria
Counsel:Chief T. J. H. C. Okolo, SAN. (with him, Okolo (Mrs.)) For Appellant A. O. Unimna, Esq. For Respondent
Other Citations:(2000) 14 NWLR (Pt. 688) 506, Co-Op. Dev. Bank Plc v. Joe Golday Co. Ltd. (2000) 14 NWLR (Pt.688)506

EKPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice G.G. Ezekwe delivered at the Federal High Court, Calabar on the 9th day of December, 1997 in favour of the plaintiffs.

By a writ of summons filed in the Federal High Court, Calabar the plaintiffs claimed against the defendant six reliefs, but in the statement of claim which superceded the writ of summons the plaintiffs claimed seven reliefs as set out hereunder:

A declaration that the consolidation of the accounts of the 1st and 3rd plaintiffs by the defendant without the prior or any lawful authorisation in that behalf is null and void.

2. A declaration that the defendant was not entitled to debit the accounts of the 1st and 2nd plaintiffs save as authorised by the said plaintiffs or in the normal and ordinary course of Banking and an order directing the defendant to reverse all such false, fraudulent or excessive debits.

3. An order directing the defendant to restore all the sha…

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