ENTERPRISE BANK LTD
V.
AKADIRI

(2018) JELR 39166 (CA)    

Court of Appeal  ·  CA/AK/241/2014 ·  1 Mar 2018 ·  Nigeria
CORAM
UZO IFEYINWA NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria OBANDE FESTUS OGBUINYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
respondent
trial court
general damages
counsel
damages
favour of the respondent
cost of litigation
title document
deed of release
award
financial loss
lower court
contention of counsel
loan facility
tort of detinue
case of the respondent
judgment of the court
said award
cost of processing
high blood pressure
hours of the judgment of this honourable court
issues
lagos amounts
leading judgment
learned trial judge
probative value
statement of claim
sum of n50
title no. m05463
trial
case of agbodike v onyekaba
cases of tsalibawa v habiba
claim of the respondent
detergent ltd v nafdac
instant case exhibit
issue of admissibility
judgment of the high court of ondo state
judgment of the trial judge
loss of his original land certificate
name of the respondent
nigeria housing development society ltd
reliance of the trial court of exhibit
respondent of the use
respondent title document
return of his title document
rules of court parties
said suit

UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ondo State delivered on the 5th day of August, 2014 by Hon. Justice C.E.T Ajama.

By a writ of summons together with a Statement of Claim dated 11th February, 2010, the Respondent as Claimant claimed against the Appellant as Defendant as follows:

(i) A declaration that the inexplicable, unexplained and arrogant holding on to the Plaintiff's original land certificate covering his property situate at Plot 2165, Adeniran Ogunsanya Street, Surulere, Lagos amounts to the tort of detinue in law and in consequence of which the Defendant is liable in damages.

(ii) An order directing the Defendant to, within 48 hours of the judgment of this Honourable Court, return to the Plaintiff the original copy of his land certificate handed over to the Defendant to enable it process and perfect a Deed of Release in discharge of the encumbrance on same.

ALTERNATIVELY

An order direct…

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