Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2018) JELR 38852 (CA)    

Court of Appeal  ·  CA/B/30/2015 ·  14 Jun 2018 ·  Nigeria
PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
2nd respondents
3rd respondent
senior counsel
trial court
necessary party
assumption agreement
2nd respondent
duty of care
defunct bank
learned trial judge
purchase agreement
hallmark bank
2nd respondents account
2nd respondents claim
credit balance
hallmark bank plc
assumed deposits
cause of action
leading judgment
principal place of business
1st defendant
central business district
escrow account
part of the account
sole issue
1st july
2nd respondents assertion
account of the plaintiff
circumstances of the case
defunct hallmark bank
delta state
following grounds of appeal
following issues
hallmark bank ltd
high court no.
iron baba
joining of nigeria deposit insurance corporation
liability of hallmark bank
moore aseimo abraham adumein
mudashiru nasiru oniyangi
notice of appeal
obafemi awolowo university
paras f-g
said judgment
shoes of the defunct bank

PHILOMENA MBUA EKPE, JCA (Delivering the Leading Judgment): This Appeal emanated from the judgment of Hon. Justice C.E. Achilefu of the High Court of Delta State, sitting at High Court No. 3 Warri, delivered on the 10th day of June, 2014. The Appellant who was the 1st Defendant was dissatisfied with the said judgment and filed a Notice of Appeal on 4/8/2014 raising the following grounds of appeal. The grounds of Appeal shorn of their particulars are reproduced below:


The learned trial judge erred in law when he held that the Appellant breached the duty of care it owed to the 1st and 2nd Respondent.


The learned trial judge misdirected himself as to facts when he held that the Appellant agreed to the 1st and 2nd Respondents assertion that the sum of ₦6,809,233.88 (Six Million, Eight Hundred and Nine Thousand, Two Hundred and Thirty Three Naira, Eighty Eight kobo was paid by NDIC into the 1st and 2nd Respondents account.


The learned trial judge erred in la…

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