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AFRIBANK NIGERIA PLC V. UBANA EBRI UBANA

(2011) JELR 46969 (CA)

Court of Appeal  •  CA/C/174/2010  •  19 Apr 2011  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; JA'AFARU MIKA'ILU JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): The Respondent was the Plaintiff in Suit No. HUG/12/2010 at Ugep Division of the High Court of Cross River State which suit was commenced through the Writ of Summons filed with the Statement of Claim filed on 26th March, 2010 for the relief stated on the Writ of summons thus:

"WHEREOF the Claimant claims from the Defendant the sum of ₦30 Million (Thirty Million Naira) only for breach of contract."

The claim was also stated in paragraph 17 of the Statement of Claim.

The salient facts of the relationship of the parties are in paragraphs 3, 5, 9, and 11 of the Statement of Claim as follows:

"3. Claimant states that in 1988, he entered into an agreement wherein the Defendant rented the property (building) of the claimant for her financial business of banking. The property is located at Obojukwa-Abanankpai, Nko in Yakurr Local Government Area of Cross River State.

5. It is further averred that in a letter Ref. No. AEC.ROPH/252…

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