(2004) JELR 43854 (CA)    

Court of Appeal  ·  CA/L/311/94 ·  1 Jul 2004 ·  Nigeria
Other Citations
Intermercosa (Nig.) Ltd. v. ANAMMCO (2005) 1 NWLR (Pt.907) 371
Intermercosa (Nig.) Ltd, v. ANAMMCO (2005) 1 NWLR (Pt. 907) 371
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria
Core Terms Beta
3rd defendants
learned counsel
lead judgment
lower court
1st defendant
1st respondent
civil procedure
high court of lagos state
trial court
4th defendant
high court
learned judge
said account
3rd appellants
appellate court
circumstances of this case
honourable court
inherent powers
trial judge
4th respondent
constitutional right
consultancy services
continual disobedience of the order
core defence
date of such drawings
days of the following documents
disobedience of court order
exercise of the jurisdiction
favour of the plaintiff
following order
further relief
issue of a bank draft
leading judgment
oath of the documents
order of court
party fails
rules of an order
second issue
supreme court
time file
victoria island

OGEBE, J.C.A. (Delivering the Leading Judgment): The plaintiff/respondent in the appeal claimed against the 1st - 3rd appellants as the 1st - 3rd defendants and the 4th respondent as the 4th defendant jointly and severally as follows:

(i) A declaration that the transfer and or deposit by the plaintiff of 10 (Ten) million naira into the 1st defendant's account No. 36000082U at the 4th defendant's branch at Victoria Island, Lagos, is conditional on the issue of a bank draft of 10 (Ten) million naira in favour of the plaintiff.

(ii) A declaration that the 1st defendant's said account No.37000082U is a blocked account and can only be operated with the approval of the plaintiff in respect of the deposit or transfer of the said 10 (Ten) million naira.

(iii) A declaration that it is wrongful and unlawful for the 4th defendant having regard to the circumstances of this case to permit the 1st - 3rd defendants or any of them to draw on the said account without the consent and approval of the p…

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