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ALHAJI AMINU ALTINE & ANOR v. AFRIBANK PLC

(2000) JELR 44130 (CA)

Court of Appeal  •  CA/K/261/96  •  15 Jun 2000  •  Nigeria

Coram
ISA AYO SALAMI JCA; RABIU DANLAMI MUHAMMAD JCA; MAHMUD MOHAMMED JCA;

Judgement

MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The appellants herein were the plaintiffs at the lower Court.

They filed an action at the Kaduna High Court against the respondent claiming the following reliefs: -

"(1) A declaration that the plaintiff's late father Alhaji Umaru Altine had cleared all of his outstanding loan at the defendant bank, well before June, 1991.

(2) Or in the alternative: A declaration that the defendant had failed to enforce any claim which they may have on the account at the High Court, Kaduna since October 1996, and as a result, that any claim which they may have against their said customers, have become statute - barred.

(3) That as a result, the defendant shall be ordered to release all of the plaintiff's family title documents for plot No. 2A, Alkali Road, Kaduna previously mortgaged to the defendant."

This writ of summons was paid for on 12th August, 1996 but it was not issued until 16th August, 1996. On the 15th day of August, 1996 the appellants f…

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