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FASHEUN MOTORS LTD
V.
UBA LTD

(1999) JELR 43735 (CA)

Court of Appeal 3 May 1999 Nigeria
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Case Details

Suit Number:CA/L/317/95
Judges:GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria
Counsel:F. O. Fagbohungbe, Esq. For Appellant Prof. Kasumu, SAN (with him. A.O. Ibrahim) For Respondent
Other Citations:Fasheun Motors Ltd. Y. U.B.A. Ltd. (2000) 1 NWLR (Pt.640), pg. 191 FASHEUN MOTORS LIMITED v. UNITED BANK FOR AFRICA LIMITED

SANUSI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Adagun, J. of Ikeja division of Lagos State High Court delivered on 13th October, 1994. The said Ruling was delivered in a Notice of Preliminary Objection filed and argued by the appellant in this case at the lower court on 15th of September, 1994 in which the lower Court overruled the objection. I think the issue will be better understood if a brief history of the matter is given. The Appellant was the plaintiff in suit No. 10/942/85 before Obadina, J. of Lagos State High Court in which it protested on or challenged the Statement of Accounts prepared by the Defendant Bank where it had been maintaining its accounts. Pleadings were filed and exchanged and witnesses heard. Judgment was then delivered on 24th February, 1987 the conclusion of which reads thus:

"In the circumstances, the plaintiffs claim succeeds in part and accordingly judgment is hereby entered against the defendant in favour of the…

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