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SIMON
V.
UBA PLC & ANOR

(2022) JELR 110877 (CA)

Court of Appeal 15 Dec 2022 Nigeria
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- The appellant challenged the freezing of his bank account by the respondent under the Fundamental Rights (Enforcement Procedure) Rules 2009 in the Federal High Court, Osogbo, which struck out the suit on 22 June 2021. - Appellant filed a

Case Details

Suit Number:CA/AK/37M/2022(R)
Judges:Ayobode Olujimi Lokulo-Sodipe JCA Habeeb Adewale Olumuyiwa Abiru JCA Yusuf Alhaji Bashir JCA
Counsel:Chief K. E. Nawoke, Esq. for the Appellant; Femi Sarumi, Esq. for the Respondents.

YUSUF ALHAJI BASHIR, J.C.A. (Delivering the Lead Ruling): The Respondent in this appeal, by a motion on notice filed on 9th March 2022 prayed for the striking out of this appeal on the ground that the Appellant has defaulted, failed and or neglected to compile and transmit records of appeal within the stipulated time frame. 

In the affidavit in support of the application deposed to by one Wale Ajiwe, it was averred that the Appellant earlier on took out an originating motion before the Federal High Court Osogbo hereinafter to be referred as the lower Court, under the Fundamental Rights (Enforcement Procedure) Rules 2009. On the 25th November, 2020 challenging the freezing and/or placing of a lien on his account No: 2055527325 maintained with the Respondent without any valid Court order as being vindictive, malicious, unconstitutional and a violation of the applicant’s fundamental right to own property along with sundry other reliefs all flowing from the restrictions placed on his said …

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