(2004) JELR 44978 (CA)    

Court of Appeal  ·  CA/B/46/95 ·  7 Jun 2004 ·  Nigeria
Other Citations
F.B.N. Ltd. v. Moba Farms Ltd. (2005) 8 NWLR (Pt.928)492
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE Justice of The Court of Appeal of Nigeria KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
3rd defendant
2nd defendants
2nd respondents
1st plaintiff
learned trial judge
2nd plaintiff
current account
deed of lease
trial of this case
decree no.
legal mortgage
3rd defendants
overdraft accounts
overdraft facilities
property of the 2nd plaintiff
1st bank of nigeria plc
1st defendants bank
1st defendants compliance
agricultural credit guarantee scheme fund
borrowing customer of the 1st defendant
compound interest
consent of the governor of bendel state
following balance
grounds of appeal
jurisdiction of this honourable court
leading judgment
loan account no.1
notice of cross-appeal
order of mandatory injunction
order of this court
payment of the sum of n3,990,828.42
property of 2nd plaintiff
said sum of n3,990,828.42
said written requests
statement of claim
terms of agreement
total balance of the various amounts
trial court award
uncontroverted evidence
various loan
wrongful acts of the said defendants
wrongful debiting of the 1st plaintiffs

AKAAHS, J.C.A. (Delivering the Leading Judgment): In paragraph 30 of the 3rd amended statement of claim, the plaintiffs claimed against the 1st, 2nd and 3rd defendants as follows:

"(a) An order compelling the 3rd defendant to order the 1st and 2nd defendants to comply and/or abide by the terms of agreement under the Agricultural Credit Guarantee Scheme Fund under Decree No. 20 of 1977 as the sole and exclusive controlling authority.

(b) An order of mandatory injunction directing the 1st and 2nd defendants to revert the unauthorised and/or wrongful debiting of the 1st plaintiffs account being the immediate cause of action herein.

(c) An order commanding the 1st and 2nd defendants to return to the 2nd plaintiff forthwith the documents of title/securities to wit:

(i) Deed of Lease dated 9th February, 1978 and registered as No. 37 at page 37 in Volume 517 property of the 2nd plaintiff.

(ii) Deed of Lease dated 27th June, 1967 and registered as No. 52 at page 52 in Volume 982 property o…

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