(2004) JELR 44980 (CA)    

Court of Appeal  ·  CA/K/56/01 ·  15 Jul 2004 ·  Nigeria
Other Citations
F.B.N. Plc. v. Mainasara (2005) 2 NWLR (Pt.909)42
F.B.N. Plc. v. Mainasara (2005) 2 NWLR (Pt. 909) 42
BABA ALKALI BA’ABA Justice of The Court of Appeal of Nigeria JOSEPH JEREMIAH UMOREN Justice of The Court of Appeal of Nigeria ABUBAKAR ABDULKADIR JEGA Justice of The Court of Appeal of Nigeria
Core Terms Beta
statement of account
learned trial judge
learned san
statement of claim
amended statement of claim
finding of the learned trial judge
learned counsel
serious fraud
evidence of pw1
exhibits 1a
exhibits 2a
bank teller
current account
law enforcement authorities
legal evidence
style of muhammadiya medical centre
sum of n3,203
zamfara state
a. b. mahmood
age of the account
alhaji muhammadu mainasara
attention of the medical director
business man
business of a private clinic
chairman managing director
chief accountant
civil proceedings
conclusion of the evidence of the parties
evidence of d.w.2
evidence of p.w.1
facts of this appeal
first bank of nigeria plc
following issues
holder of account no.
judgment of the zamfara state high court
leading judgment
leave of this court
paragraph c of the statement of claim
particulars of the fraud
said paragraph
series of amounts
show exhibits 2a
statement of accounts no.7862
statement of defence
support of the case

BA'ABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Zamfara State High Court, sitting at Gusau, delivered on the 10th of November, 1999. The plaintiff, Alhaji Muhammadu Mainasara (Trading in the name and style of Muhammadiya Medical Centre) now respondent, issued a writ of summons dated 9/5/96 against the First Bank of Nigeria Plc., the defendant, now appellant. Pleadings were ordered filed, exchanged and amended. The case went to trial on the respondent's amended statement of claim contained at pages 83-84 of the record and the appellant's amended statement of defence dated 24/11/97 at pages 142 - 143 of the record. The respondent as plaintiff as per paragraph 7 of the amended statement of claim, claim as follows:-

"7. Whereof the plaintiff claimed against the defendant as follows:-

(a) A declaration that the plaintiff, being the holder of account No. 7862 with the defendant is entitled to his statement of account 7862 for the period 1982-1…

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