ALIMS NIGERIA LIMITED V. UNITED BANK FOR AFRICA PLC

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Edo State High Court, sitting at Auchi in respect of suit No. HAU/15/2003, delivered on 1st August, 2003.

The appellant was the plaintiff at the court below, where vide an originating summons, the following reliefs were prayed for, to wit:

"(i) A declaration that the plaintiff is entitled to a release of its property registered as No. 25 at page 25 in volume 714 of the Lands Registry in the office at Benin City which was a subject of litigation at the High Court of Justice, Auchi in Suit No. HAU/72/95 ALIMS NIGERIA LTD. V. UNITED BANK FOR AFRICA PLC decided by Hon. Justice Aliu Okunega on 24th day of November, 2000 and presently being retained in the custody of the defendant.

(ii) An order of this Honourable Court directing the defendant to release to the plaintiff forthwith the aforementioned title deed."

There is an affidavit of 12 paragraphs filed by the appellant in support of t…