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MR. BRENDAN NICODEMUS AKPAN v. FIRST BANK OF NIGERIA PLC

(2016) JELR 41655 (CA)

Court of Appeal  •  CA/C/230/2015  •  12 May 2016  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA;

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): The Appellant lodged this appeal against the judgment of the High Court of Akwa Ibom State, sitting at Ikot Ekpene Division, Coram Hon. Justice Stephen E. Okon, J. delivered on February 17, 2014, wherein the reliefs sought by the Appellant, as claimant, were granted in part.

The facts leading to this appeal as gleaned from the Record of Appeal are as follows: On or about 11/2/1997, the Appellant, who was a customer of the Respondent applied for an overdraft facility of N3,000,000.00 (Three Million Naira), from the Respondent to assist him boost his frozen fish trade. The sum of N1.5m (One Million, Five Hundred Thousand Naira) was approved by the Respondent. A Deed of Legal Mortgage was executed on May 13, 1997, over the Appellant's property covered by Certificate of Occupancy registered as 41/41/73 at the Lands Registry, Uyo. At the material time, the Appellant had substantial sums of money in his current and savings accoun…

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