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GAA AKANBI MFB LTD
V.
OJAGUN

(2017) JELR 37586 (CA)

Court of Appeal 7 Jul 2017 Nigeria
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- The Respondent (Claimant) instituted an action at the Kwara State High Court against the Appellant (Defendant, a microfinance bank), seeking recovery of goods and damages resulting from alleged unlawful seizure of goods and malicious pros

Case Details

Suit Number:CA/IL/102/2016
Judges:MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria
Counsel:H. K. Garuba, Esq. For Appellant S. Z. Micheal, Esq. For Respondent

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Kwara State sitting at Ilorin delivered by Hon. Justice A. L. Ishiaq on 28th day of June, 2016.

The Respondent as Claimant took out a Writ of Summons followed by a statement of Claim of 25/06/2014 against the Appellant Defendant.

Paragraph 44 of the said statement of claim of the Respondent Claimant, claims as follows:

a) The sum of One Million, Five Hundred and Thirty-Four Thousand Naira (N1,534,000:00) being the current value of goods illegally/unlawfully seized from the Claimant by the Defendant.

b) The sum of Five Million Naira (N5,000,000:00) as damages for being maliciously prosecuted by the Defendant.

c) The sum of Five Million Naira (N5,000,000:00) as damages for illegal entry into the Claimants shop by the Defendant as well as the use of force.

d) The sum of Ten Million Naira (10,000,000:00) as general damages.

e) The sum of five Hundred thousand Naira (N500,…

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