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(2018) JELR 38827 (CA)    

Court of Appeal  ·  CA/OW/329/2014 ·  18 May 2018 ·  Nigeria
CORAM
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
respondent
learned counsel
learned trial judge
lower court
deed of release
record of appeal
counsel
title document
appellants counsel
appellants witness
hearing notice
respondents counsel
cross-examination
decision of the lower court
leading judgment
29th day of june
address of the claimant
adjourned date
defendants defence
evidence of the appellant
said decision
17th day of february
abia state
appellants procedure
case of claimant
case of the respondent
clear evidence
close of evidence of 1st defendant witness
court awards damages
deed of mortgage
favour of the claimant
final written address
following cases
following terms
hearing date
high court
judgment of the high court of abia state
legal right
light of the pieces of evidence
notice of appeal
proceedings of the lower court
registration of the deed of release
respective briefs of argument
respondents case
respondents title documents
statement of claim
trial judge

MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Abia State, sitting at Aba Coram: Hon. Justice I. Offonry, J., delivered on the 29th day of June, 2012 (hereinafter referred to as the lower Court and learned trial judge, respectively). In the said decision, the lower Court entered judgment in favour of the claimant/respondent (hereinafter referred to as the respondent) in the following terms:

Judgment entered in favour of claimant. Defendants defence was filled with inconsistencies and couldnt successfully challenge the cause of the defence. With regard to paragraph 9(d) Court awards damages of ten million (N10,000,000.00). Case of Claimant succeeds in its entirety."

The case of the respondent was that it was a customer of the defendant/appellant (hereinafter referred to as the appellant) and obtained a credit facility from it. On the 17th day of February, 1977, the respondent claimed to have mortgaged its pr…

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