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MEMUDU AKANMU v. CO-OPERATIVE BANK PLC. & ORS

(2005) JELR 35483 (CA)

Court of Appeal  •  CA/I/272/2001  •  15 Jul 2005  •  Nigeria

Coram
SAKA ADEYEMI IBIYEYE JCA; FRANCIS FEDODE TABAI JCA; RAPHAEL CHIKWE AGBO JCA;

Judgement

AGBO, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Hon. Justice Jimi Bode, sitting at the Osun State High Court, Osogbo, which judgment was delivered on 12th February, 2001. This appellant was the plaintiff in the suit, while the respondents were the defendants' cross-claimants. The appellant had in paragraph 39 of his amended statement of claim in the court below, claimed of the defendants now respondents as follows:

"1. Declaration that the amount entered as debit balance in the plaintiff's account No. PA. 11 with the 1st defendant is not a true and accurate reflection of the plaintiff's account.

2. Declaration that the plaintiff is not liable to pay any charge by whatever name called on any debit, entries, improperly or wrongly entered by the 1st and 3rd defendants in the plaintiff's account.

3. An order directing the 1st and 3rd defendant to furnish to the plaintiff, a true and accurate statement of the plaintiff's account No. PA. 11.

4. Declar…

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