(2012) JELR 49269 (CA)    

Court of Appeal  ·  CA/OW/108/2011 ·  11 Dec 2012 ·  Nigeria
UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria MOJEED A. OWOADE Justice of The Court of Appeal of Nigeria HARUNA S. TSAMMANI Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
lower court
learned trial judge
imo state high court
civil procedure
hallmark bank plc
2nd respondent
necessary party
statement of claim
1st defendant
eco bank nigeria plc
liabilities of hallmark bank plc
effectual determination of the issues
amended statement of claim
assets of hallmark bank plc
entire assets
s.c pg
3rd respondents
counter affidavit
order of joinder
suit no.
acquired assets of eco bank nig
circumstances of the case
counter affidavit of eco bank nig
order of court
transmission of the interest of hallmark bank plc
writ of summons
briefs of argument
different view
ecobank nigeria plc
grant of the application
honourable court
leave of the trial court
main reason
name of eco bank nigeria plc
necessary filing fees
order court
ordering joinder of the appellant
said amended statement of claim
said suit
scnlr pg
such further order
written addresses of counsel

HARUNA SIMON TSAMMANI, J.C.A., (Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of P. O. Nnadi; J of the Imo State High Court. Suing at Owerri delivered on the 27th day of April, 2009 in Suit No. HOW/302/2003, wherein the learned trial judge granted leave to the 1st Respondent as Plaintiff to join the Appellant as Defendant in the said suit.

The 1st Respondent had taken out a Writ of Summons against the 2nd and 3rd Respondents dated the 04/11/2003 and filed the same day. He subsequently filed a Statement of Claim which was subsequently amended by leave of the trial court on the 25/9/2006. The said Amended Statement of Claim is dated the 06/11/2006 and filed the 22/11/2006. Therein, the 1st Respondent as Plaintiff claimed at paragraph 24, as follows:

(a) N50,000,000.00 (Fifty Million Naira) as damages.

(b) An Order compelling the defendants to discharge and to release the Plaintiffs Certificate of Occupancy and property title document No. 39 at page…

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