OLALEKAN
V.
WEMA BANK PLC

(2000) JELR 43990 (CA)    

Court of Appeal  ·  CA/I/44/95 ·  11 Jan 2000 ·  Nigeria
 · 
Other Citations
OLALEKAN v WEMA BANK PLC (2000) 13 NWLR (Pt.683)57
CORAM
DALHATU ADAMU Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
plaintiff
learned trial judge
account of alsod nigeria ltd.
counsel
exhibit
transfer
sum of n2,000,000.00
issues
final settlement of the debts
plea of estoppel
account of alsod nigeria ltd
4th issue
principal sum
statement of defence
alleged transfer
cross-examination
finding of the learned trial judge
following facts
ibadan judicial division
agreed rate up
case of allied bank nig
cheque exhibit j
claim of the plaintiff
evidence 4th edition page
evidence of the plaintiff
exhibits f
fixed deposit account
following grounds of appeal
issue of estoppel
judgment of adeniran j. of the high court
knowledge of the said transfer
kwa-kwa
leading judgment
oral evidence of dw3
oyo state
personal accounts
proceeds of the fixed deposit account
record shows
refusal of the defendant
result of a thorough appraisal of the totality
said deposit account up
second point
statement of claim
third issue
trial judge
weight of evidence

TABAI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Adeniran J. of the High Court of Oyo State delivered on the 10th of October, 1994 in which the claim of the plaintiff/appellant was dismissed. The claim contained in paragraph 19 of the statement of claim was as follows:-

"1. Declaration that the failure or refusal of the defendant to pay the plaintiff the proceeds of the fixed deposit account covered by receipt No. 012823 of 27/1/92 which matured on the 27th January, 1993 amounts to a breach of contract.

2. Declaration that the defendant is liable to pay the plaintiff the principal sum plus interest thereon on the said deposit account up till the date of payment.

3. An order directing the defendant to pay the plaintiff forthwith the principal sum plus interest at the agreed rate up till the date of payment.

4. A further order directing the defendant to pay the plaintiff by way of damages enhanced interest on the principal sum at the rate of 8% pe…

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