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CHIEF RUFUS ADEGBUYI v. TRANS NIGERIA ASSURANCE COMPANY LIMITED

(2017) JELR 37395 (CA)

Court of Appeal  •  CA/IB/70/2006  •  31 Oct 2017  •  Nigeria

Coram
MODUPE FASANMI JCA; CHINWE EUGENIA IYIZOBA JCA; HARUNA SIMON TSAMMANI JCA;

Judgement

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Oyo State High Court sitting in Ibadan, delivered on the 20th day of March, 2003 in Suit No: I/656/98.

By paragraph 19 of the Amended Statement of Claim dated the 11th day of May, 1999, the Appellant who was the Plaintiff prayed the Court below to grant him the following reliefs:

1. Declaration that the Counter indemnity dated 15th day of September, 1997 in favour of the Defendant covers only the period of 15th September, 1997 to 14th day of November, 1997 and that any act(s) or transaction(s) made thereafter null and void and of no effect

2. An order revoking and or setting aside the said Counter Indemnity.

3. Declaration that the defendant is not entitled to retain Plaintiffs title documents presently in its custody pursuant to Counter Indemnity No. PB/17213/H beyond 14th day of November, 1997 having regard to the provisions of the last two paragraphs of the Performance Bond No. P…

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