(2018) JELR 38945 (CA)    

Court of Appeal  ·  CA/IL/117/2016 ·  5 Jul 2018 ·  Nigeria
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
1st defendant
2nd respondents
3rd respondent
necessary party
learned trial judge
2nd defendant
1st respondent
magistrate court
statement of claim
sum of n1.4
2nd respondent
counter affidavit
criminal case
order of this honourable court
personal account
trial court
3rd november
conclusion of the learned trial judge
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Claimants the sum of N1.4 Million (One Million, Four Hundred Thousand Naira) being the principal amount fraudulently withdrawn from the 1st Claimants Account by the 2nd Defendant, Mr.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…

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