(2005) JELR 45254 (CA)    

Court of Appeal  ·  CA/C/03/2004 ·  14 Apr 2005 ·  Nigeria
Other Citations
F.B.N. Plc v. Akparabong Comm. Bank (2006) 1 NWLR (Pt.962) 438
CHRISTOPHER MITCHEL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria JEAN OMOKRI Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
1st respondent
preliminary objection
2nd respondent
sum of n9,020,000.00
trial judge
interested party
learned trial judge
record of appeal
ground of appeal
lower court
mr. neji
jurisdiction of this honourable court
statement of claim
value of united bank
chief orok ironbar
lagos state
account of the interest
akparabong community bank ltd.
cheque no.
main issue
subject matter
suit no. fhc
united bank
above stated facts
above suit
application of uba plc
basis of its preliminary objection
case of the defendant
counsel victor ndoma egba esq
decision of the court
determination of the substantive suit
face of the evidence
first bank of nigeria plc
interlocutory appeal
learned judge
order cause
otherwise orders
parties briefs of argument
peculiar circumstance of this case
proper commencement of the substantive matter
relevant brief facts
ruling of the trial federal high court judge
see ojukwu v
stage of proceedings

THOMAS, J.C.A. (Delivering the Leading Judgment): This interlocutory appeal is against the ruling of the trial Federal High Court Judge, Calabar, in suit No. FHC/C/CS/34/98 delivered on 6/7/1999. The parties before the trial court initially, were Akparabong Community Bank Ltd. as the plaintiff, now as the 1st respondent in this appeal; First Bank of Nigeria Plc. was the defendant but now, the appellant in this appeal.

Later at the trial court, United Bank for Africa (UBA Plc.) applied by motion on notice, prayed, the court to be allowed to be joined as an interested party in the above suit; UBA Plc. will be referred to in this appeal as 2nd respondent.

The relevant brief facts as contained in the record of appeal and the parties briefs of argument filed and exchanged, are that the 1st respondent's customer named Cultural Centre (Afridance Project) paid in a UBA Plc. (2nd respondent) cheque for the sum of N9,020,000.00 into its account with appellant (First Bank Plc.) for clearance, bu…

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