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ISU
V.
WEMA BANK

(2021) JELR 107126 (CA)

Court of Appeal 10 May 2021 Nigeria
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- Plaintiff (Wema Bank Plc.) instituted an action for title to land, claiming ownership based on an irrevocable power of attorney registered in its name pursuant to a purchase. - Defendant (Rt. Hon. Christopher Omo Isu) filed a preliminary

Case Details

Suit Number:CA/E/345/2014
Judges:Mohammed Ambi-Usi Danjuma, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA
Counsel:Appellant served hearing notice on 11th February, 2021 through his counsel P. T. Akan Esq. who did not attend Court and did not excuse his absence or the absence of the Appellant in person; C. A. Aiyamekhue, Esq. For the Respondent.

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling delivered on 29th January, 2014 in the High Court of Ebonyi State sitting at Abakaliki in suit No. HAB/14/2013 between Wema Bank Plc. v. Rt. (Hon) Christopher Omo Isu.

In the main suit, the Respondent as plaintiff Wema Bank Plc., instituted an action against the Appellant Rt. Hon. Christopher Omo Isu claiming title to the land in dispute between it and the Appellant. Although pleadings had been filed and exchanged between the parties, the Appellant filed a notice of preliminary objection on the ground that: “The plaintiff lacks the requisite locus standi to maintain this suit.”

After considering submissions of counsel for both parties, the Court below overruled the preliminary objection and ordered accelerated hearing of the suit.

​With leave of the Court below, the Appellant appealed to this Court against the ruling by a notice of appeal dated 3rd February, 2014 but filed on 4th February, 20…

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