(2001) JELR 44379 (CA)    

Court of Appeal  ·  CA/C/2/2000; CA/C/52/2000 ·  25 Apr 2001 ·  Nigeria
Other Citations
Inyang v. Ebong (2002) 2 NWLR (Pt 751)284
Inyang v. Ebong (2002) 2 NWLR (Pt. 751) 284
DENNIS ONYEJIFEEDOZIE Justice of The Court of Appeal of Nigeria OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria SIMEON OSUJI EKPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
2nd defendant
2nd defendant bank
additional grounds of appeal
3rd defendant
notice of appeal
instrument of transfer
allied matters act
ground of appeal
exhibit d
omnibus ground
such transfer
additional security
certificate no.4183 of the 2nd defendant
general ground
hearing of the appeal
investment shareholder of the 2nd defendant
investment shares
judgment of the learned trial judge
managing director of medlye finance limited
official book of the 2nd defendant
purported transfer of the plaintiff
shares of n2
short term loan of n3
appellant raises
autopak nigeria limited
briefs of argument
companies viz
court of appeal rules cap
decision of the high court
federal high court
finance company
finance consultant company
first point
instant appeals
laws of the federation of nigeria
leading judgment
learned trial judge ezekwe j.
medlye finance limited of no.82
order of this honourable court cancelling
practice of this court
proper deed of transfer
record of appeal
wording of the omnibus ground of appeal

EDOZIE, J.C.A. (Delivering the Leading Judgment): The respondent in this appeal, was the plaintiff in Suit No. FHC/CA/12/95 filed at the Federal High Court, Calabar, which he instituted against the appellants, as defendants from whom he claimed reliefs, formulated in paragraph 15 of the amended statement of claim thus:

"15. Wherefore the plaintiff brings this action and claims against the defendants jointly and severally as follows:

(a) A declaration that the purported transfer of the plaintiff's investment shares in certificate No.4183 of the 2nd defendant from the plaintiff to the 1st defendant is illegal, fraudulent, null and void and of no effect whatsoever;

(b) A declaration that the 2nd defendant acted negligently in haste and bad faith, in transferring the shares (of) the plaintiff evidenced in certificate No.4183 in the 2nd defendant's Bank to the 3rd defendant, without any proper deed of transfer.

(c) An order of this honourable court cancelling and or avoiding any such tran…

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