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HON. (DR.) GABRIEL O. ADAH v. FIRST CITY MONUMENT BANK PLC

(2018) JELR 38431 (CA)

Court of Appeal  •  CA/C/253/2015  •  29 Jun 2018  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State, Calabar Judicial Division in Suit No. HC/362/2014 delivered on 1st December, 2014 by Adie Attoe-Onyebueke, J.

The Appellant was the Claimant at the Court below while the Respondent to this appeal was the Defendant. The claim was commenced vide a writ of summons filed concurrently with a Statement of Claim. The writ of summons is not part of the documents compiled into the record of appeal transmitted on 24th November, 2015. The Supplementary Record of appeal transmitted on 10th June, 2016 but deemed properly transmitted and served on 24th October, 2016 also did not contain the writ and the statement of claim of the Appellant. The Supplementary Record of appeal only carried the Statement of Defence and Counter-claim, Reply to the Defendants Statement of Defence and Defence to the Counter-claim, Amended Statement of claim and written depositions of …

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