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N.D.I.C.
V.
ETTE

(2015) JELR 79951 (CA)

Court of Appeal 3 Sep 2015 Nigeria
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- This is an appeal against a judgment of the Federal High Court in Calabar. - The appellant argues that the respondent did not serve a pre-action notice as required by the Nigeria Deposit Insurance Corporation Act, making the suit incompet

Case Details

Judges:CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Presided), PAUL OBI ELECHI, J.C.A. (Read the Leading Judgment), JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.
Counsel:E. M. Agom, Esq. (with him, I. Asibong, Esq.) - for Appellant N.B. Ulaetoi, Esq. - for the Respondent
Other Citations:(2016) 8 NWLR (Pt. 1514) 345

ELECHI, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice A. F. A. Ademola of the Federal High Court, Calabar in suit No. FHC/CA/M121/2011 delivered on the 8th day of December, 2011. The appellant being dissatisfied with the said judgment has now appealed to this court via a notice of appeal.

The brief facts of this case can be reduced thus:

That up to sometime in the year 2001, the respondent was Secretary/Legal Adviser to the a. defunct Co-operative Development Bank Plc;

That it was in the discharge of his duty as officer of the bank that led to his prosecution and related procedures and the matter was withdrawn upon the intervention of the Attorney General of the Federation and accordingly, the charge against him was struck-out on the 23rd b. November, 2006. An action he instituted at the High Court of Cross River State against the Inspector General of Police and the defunct Co-operative Development Bank Plc was in the respondent’s fav…

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