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ALSOD NIGERIA LIMITED V. WEMA BANK PLC MRS. FUNMILAYO OMOJOWOLO

(2008) JELR 56049 (CA)

Court of Appeal  •  CA/I/195/2000  •  22 May 2008  •  Nigeria

Coram
KUMAI B. AKAAHS JCA (Presided and Read the Lead Judgment) AMINA ADAMU AUGIE JCA CHIDI NWAOMA UWA JCA

Appearances
Mrs. F.B. Aladeniyi (with him, B.S. Akinola) - for the Appellant/ Cross-Respondent C -*- O. Oni - for the 1st Respondent -*- Dr. K. Adekunle - for the 2nd Respondent/Cross-Appellant

Judgement

AKAAHS JCA (Delivering the Lead Judgment): This is an appealagainst part of the judgment of N.O. Adekola CJ sitting in the Oyo State High Court, Ibadan and delivered on 30 November 1999 in suit No. 1/526/

By its further amended statement of claim dated 20 October 1997 the appellant herein as plaintiff in the lower court claimed jointly and severally against the defendants/respondents as follows: The sum of N5,000,000.00(five million naira) onlybeing money due and payable to the plaintiff but which the defendants have failed, refused or neglected to pay despite repeated demands. Alternatively

(i) An account of all monies due to the credit of the plaintiff on its Account No. 31400033714 with the defendants. ) An order directingthe defendants jointly and or severally to pay to the plaintiff any amount found due to the credit of the plaintiff.

) Interest at the rate of 30% (thirty percent) per annum from January 1992 till payment. The plaintiff called five witnesses, to testify on its be…

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