EQUITORIAL TRUST BANK LTD
V.
AKKAD TANNING COMPANY LTD. & ORS

(2008) JELR 49402 (CA)    
Court of Appeal  ·  CA/K/51/04 ·  15 Jul 2008 ·  Nigeria
CORAM
AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria ABUBAKAR ABDUKADIR JEGA Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria
Core Terms Beta
jurisdiction
individual customer
issues
trial court
senior counsel
kano state high court
lower court
2nd plaintiffs
constitution of the federal republic of nigeria
anor v. chrisrock laboratories
enforcement of rights
lead judgment
thorough reconciliation
asset debenture
learned trial judge
status quo
above claims
account of the disputed accounts
anor v. ibeme
contention of the learned counsel
current account
determination of the main suit
due determination of this suit
exclusive jurisdiction of the federal high court
exercise jurisdiction
exercise of the appellants
foreign exchange
john inyang okoro
landed properties
learned counsel
learned silk
legal tender
main claim
main purpose of the grant of an injunction
motion ex
order of interlocutory injunction
order of perpetual injunction
paragraphs d
promissory notes
ruling of the high court of kano state
ruling of the trial court
said court
subject matter of this suit
things reliefs of injunctive orders
virtue of section
virtue of the perfected deed of legal mortgage
wema bank plc

JOHN INYANG OKORO, J.C.A (Delivering the lead Judgment): This appeal is against the Ruling of the High Court of Kano State presided over by N. S. Umar J in which it refused and dismissed the Appellant's application to strike out and/or dismiss the Respondents' claim and with it the order of interlocutory injunction earlier granted by the said Court. The said Ruling was delivered on 10th April, 2003.

The Respondents, who were plaintiffs at the Court below had by a writ of summons dated 9th July, 2002 claimed against the Appellant who was the defendant as follows:-

1. An order directing a thorough reconciliation of the 1st and 2nd plaintiffs' account with the defendant by a reputable firm of Chartered Accountants to be appointed by the Court.

2. A declaration that the Defendant is not entitled to charge compound interest on the 1st and 2nd plaintiffs account contrary to the agreement of the parties.

3. An order setting aside all over charges either by way of interest, commission on turn…

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