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S.A. AKINOLA & ANOR V. WEMA BANK PLC

(2014) JELR 36243 (CA)

Court of Appeal  •  CA/L/25/2011  •  7 Nov 2014  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; YARGATA BYENCHIT NIMPAR JCA; JAMILU YAMMAMA TUKUR JCA;

Appearances
Audu Augustine For Appellant Lanre Olayinka For Respondent

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of HONOURABLE JUSTICE A. OLATERU - OLAGBEGI of the Lagos State High Court, delivered on the 2nd July, 2004 in the favour of the Respondent. The appellants were Claimants in the High Court whilst the present Respondent acquired the initial defendant - National Bank of Nigeria and was substituted by order of court on the 11th day of June, 2007.

The appellants being dissatisfied with the judgment of the court filed a Notice of Appeal dated 11th day of April, 2011 with 7 grounds of appeal pursuant to leave of this court granted on the 6th April, 2011 extending the time within which the appellants can appeal.

FACTS

The appellants by a further amended writ of summons and statement of claim dated 12th day of January, 2005 claim from the Respondent the following reliefs:

a. A DECLARATION that the plaintiff's are prospective owners of the respective houses/flats and quarters they now live at …

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