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WEMA BANK PLC
V.
ARISON TRADING & ENGINEERING COMPANY LTD & ANOR

(2015) JELR 40363 (CA)

Court of Appeal 9 Oct 2015 Nigeria
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Case Details

Suit Number:CA/I/363/2013
Judges:HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Counsel:Kolawole Esan, Esq. with him, Miss I. T. Famoriyo and S. O. Akinpelu, Esq. For Appellant O. Ogungbade, Esq. with him, Mrs. Abimbola Arowosebe, Toyese Owoade, Esq. and Tosin Aremu [Miss] For Respondent
Other Citations:(2015) JELR 54240 (CA)

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Ogun State High Court, sitting at Abeokuta in Suit No: AB/25/2009, delivered by The Hon. Justice P. A. Onamade on the 24th day of June, 2013.

The Respondents in this appeal were the Claimants at the Court below, while the Appellant was the Defendant. The Respondents as Claimants had taken out a Writ of Summons against the Appellant, wherein they prayed the Court below to grant them the following reliefs as per Paragraph 37 of the Amended Statement of Claim:

"38. WHEREOF the Claimants claim against the Defendant as follows:

(i) Declaration that the detention of the 2nd Claimant's title documents registered as No.59 at page 59 in Volume 1853 of the Lands Registry, Ibadan, by the Defendant on account of a debt long settled inspite of repeated demand is illegal, unlawful and unconscionable.

(ii) The sum of N285,000,000.00 (Two Hundred and Eight-Five Million Naira) being special damages …

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