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ALHAJI S. ANISERE ENT. NIGERIA V. WEMA BANK

(2013) JELR 35379 (CA)

Court of Appeal  •  CA/I/114/09  •  22 Nov 2013  •  Nigeria

Coram
M.B. DONGBAN-MENSEM JCA; CHIOMA NWAOMA UWA JCA; O. DANIEL KALIO JCA;

Appearances
Kolawole Famakinwa Esq. For Appellant Kolawole Esan with Sunday Akinpelu Esq. For Respondent

Judgement

MONICA BOLNA'AN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): On the 18th day of December, 2006 Honourable Justice J. O. Ige dismissed the case of the Appellant as Plaintiff in favour of the Respondent as Defendant. The parties shall hereafter be referred to simply as Appellant and Respondent respectively.

The Appellant as Plaintiff before the High Court of Justice of Oyo State sought the following reliefs in his Statement of Claim:-

1. A declaration that the failure/refusal of the defendant to release the title deeds which the Plaintiff deposited with the defendant in 1985 when it was granted credit facilities by the defendant despite the fact that the Plaintiff is no longer indebted to the defendant having paid the credit facilities since April, 1994 is illegal, null wrongful and a breach of contractual agreement between the Plaintiff and the Defendant.

2. The sum of N1,000,000.00 (One Million Naira Only) being the damages from wrongful detention off the title deeds of t…

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