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ZUOKEMEFA JP.v. OBIPAN COMPANY LTD & ANOR

(2010) JELR 48640 (CA)

Court of Appeal 7 Jun 2010 Nigeria
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Case Details

Suit Number:CA/PH/523/2008
Judges:ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria EJEMBE EKO Justice of The Court of Appeal of Nigeria
Counsel:Mr. Faye Dikio For Appellant Mr. S. I. Ofoluwa For Respondent

ISTIFANUS THOMAS, J.C.A.(Delivering the Leading Judgment): The appeal is against the ruling of Hon. Justice Iyayi Lamikaran High Court of Justice, Port Harcourt which was delivered on 1-2-03-2008 between the same parties.

The brief facts of the case at the lower court are that the claimant now simply to be referred as the appellant, claimed against the defendant now respondents as follows:

"1. Declaration that a loan between the defendants and the claimant is null and void on the grounds that it failed to comply with the rules and normal procedures for loan transaction and agreement.

2. An order of court setting aside the purported loan agreement and transaction on grounds of illegality, irregularity and deceit.

3. An order compelling the defendants to return the original document belonging for the claimant.

4. An order of perpetual injunction restraining the defendants from either selling the claimant's building, the subject matter of the loan, lying and situate at No. 20 Bernard Car…

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