(2008) JELR 49449 (CA)    

Court of Appeal  ·  CA/B/85/2003 ·  19 Jun 2008 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria ALI ABUBAKAR BABANDI GUMEL Justice of The Court of Appeal of Nigeria CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria
Core Terms Beta
cause of action
learned trial judge
nwlr pt
1st respondent
trial court
first issue
account no.
appellant bank
exhibit a
failure of the learned trial judge
grounds of appeal
notice of cross appeal
circumstances of this case
date of judgment
senior counsel
statute bar
causes of action
considered judgment
eboigbe v. nnpc
edo state high court
end of the trial
failure of mr. anukpe
following title deeds
joint statement of claim
judgment of the benin high court
leading judgment
limitation law
ltd. v. iron
managing director of the 2nd respondent
managing director of the appellant
material time
nwadiaro v. shell pet
para g-h
paragraph 23b of the amended statement of defence
see mkpedem v
submissions of counsel
sum of n35
then governor of bendel state

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Benin High Court delivered by Hon. Justice A.A. AGUN on 19th February, 2002. The court granted all the reliefs sought by the Plaintiffs.

Being dissatisfied, the Respondents at the trial court have now appealed to this court. The facts which led to this appeal are as follows:

In 1975, the 1st Respondent, a Businessman and the Managing Director of the 2nd Respondent's Company opened an Account No. 5456 with the Appellant.

Subsequently, at the request of Mr. W .J. Anukpe, who was at that material time, the Managing Director of the Appellant, a Partnership for the importation of cement was formed and made up of the 1st Respondent, Mr. W.J. Anukpe and one Dr. G. Orewa as partners. Each partner was to contribute N20, 000.00 (Twenty Thousand Naira) as capital for the Partnership. Mr. W.J. Anukpe and Dr. G. Orewa did not contribute their share while the 1st Respondent provided t…

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