UBA PLC
V.
GBADEYAN & ORS

(2018) JELR 38945 (CA)

Court of Appeal · CA/IL/117/2016 · 5 Jul 2018 · Nigeria

CORAM

MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellant

suit

1st defendant

2nd respondents

3rd respondent

necessary party

learned trial judge

2nd defendant

case

1st respondent

magistrate court

counsel

issues

statement of claim

sum of n1.4

2nd respondent

counter affidavit

criminal case

order of this honourable court

parties

personal account

trial court

3rd november

appellants

conclusion of the learned trial judge

defendants

kwara state

record of appeal

1st appellant

1st claimant

1st claimants account

1st day of march

above stated facts

c.b.n. vs. okonkwo

chief executive officer of 2nd respondent

criminal trial

defendants action

employee of the 1st defendant

findings of fact

first information report

fraudulent act

hearing of this application

mandatory order of the court

o. k. contact point

retired high court judge

said n1.4

said transfer

separate accounts

sole issue

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the decision/Ruling of Hon. Justice I. B. GARBA of the High Court of Kwara State delivered in ILORIN on the 3rd November, 2016.

By a Writ of Summons and Statement of Claim filed on 22/01/2014, the 1st and 2nd Respondents as Claimants claimed from the Appellant and 3rd Respondent as Defendants as follows:-

I. A MANDATORY ORDER of the Court directing the 1st Defendant to pay the Claimants the sum of N1.4 Million (One Million, Four Hundred Thousand Naira) being the principal amount fraudulently withdrawn from the 1st Claimants Account by the 2nd Defendant, Mr. Seun Akanni an employee of the 1st Defendant at UBA Oja-Oba Branch, Ilorin.

II. 25% interest on the said N1.4 Million (One Million, Four Hundred Thousand Naira) with effect from the 1st day of March, 2012 up till Judgment date, and 10% on the Judgment sum until full liquidation.

III. N20,000,000.00 (Twenty Million Naira) general damages for brea…

UBA PLC V. GBADEYAN & ORS

UBA PLC
V.
GBADEYAN & ORS