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ALABA EWARAWON v. FIRST BANK OF NIGERIA PLC & ANOR

(2019) JELR 91600 (CA)

Court of Appeal  •  CA/AK/57/2015  •  3 Jun 2019  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; MOHAMMED AMBI-USI DANJUMA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

RIDWAN MAIWADA ABDULLAHI, J.C.A. (Delivering the Leading Judgment): The Appellant brought this appeal against the judgment of Ondo State High Court sitting in Okitipupa Division in Suit No: HOK/30/2011 delivered on the 5th day of March, 2014 by Hon. Justice S. A. Bola wherein the Appellant?s suit was struck out. Dissatisfied with the decision, the Appellant in representative capacity filed a Notice of Appeal on the 10th of March, 2014 containing four(4) grounds of appeal. See pages 227-230 of the record of appeal. It was amended by the order of this court made on 23rd day of March, 2017. The Amended Notice of Appeal contained seven(7) grounds of appeal.

FACTS OF THE CASE IN BRIEF

The Appellant in this suit was the plaintiff before the trial Court. The appellant instituted the action at the trial Court in representative capacity for himself and on behalf of other children of his late father, Mr. Samuel Ekolere Ewarawon. The Appellant is one of the children of the said Late Mr. Samuel Eko…

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