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REGISTERED TRUSTEES OF THE WORD OF POWER GLOBAL MINISTRIES INTERNATIONAL (THE TRIUMPHANT CHRISTIAN CENTRE)
V.
DN TYRE & RUBBER PLC

(2016) JELR 48765 (CA)

Court of Appeal 9 Dec 2016 Nigeria
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- This is an appeal against a ruling of the High Court of Lagos State in a case involving a loan obtained by the respondent from Sterling Bank. - The respondent conveyed their property to Sterling Bank, who then transferred it to the appell

Case Details

Suit Number:CA/L/642/2014
Judges:TIJJANI ABUBAKAR JCA ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA JAMILU YAMMAMA TUKUR JCA
Counsel:S. O. Elimihe For the Appellant; Adetomobi D. A. with him, Isa Buhari For the Respondent.


JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Lagos State in Suit No: ID/870/2012 delivered by Okikiolu-Ighile J. on the 30th April, 2014 wherein the Court granted leave to the Respondent/Claimant to join some persons as defendants.

The material facts of this case are as follow: The Respondent obtained a loan from Sterling Bank Plc and could not liquidate same for some alleged reasons. Thereafter, the Respondent conveyed its property situate at Plot 23 Oba Akran Avenue, Ikeja Lagos to Sterling Bank by a Deed of Assignment dated 18th December, 2009. Sterling Bank afterwards transferred the landed property to the Appellant via a Memorandum of Sale dated 23rd December, 2010. Consequently, the Respondent sued Sterling Bank Plc by a Writ of Summons and Statement of Claim both dated 18th August, 2012. Sterling Bank filed Statement of Defence dated 21st November, 2012 and the Appellant likewise joined issues with the …

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