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ASSOCIATION OF NIGERIAN CO-OPERATIVE EXPORTERS LIMITED V. CO-OPERATIVE BANK PLC

(2003) JELR 53327 (CA)

Court of Appeal  •  CA/I/94/02 & CA/I/107/01  •  3 Jun 2003  •  Nigeria

Coram
MURITALA AREMU OKUNOLA, JCA (Presided) FRANCIS FEDODE TABAI, JCA OLUFUNLOLA OYELOLA ADEKEYE, JCA (Read the Lead Judgment)

Judgement

ADEKEYE, JCA (Delivering the Lead Judgment): By an order of thiscourt - three different appeals arising within the course of trial of Suit No. I/180/2000 at the Oyo State High Court of Justice - Ibadan Judicial Division were consolidated - The endorsement on the writ of summons and according to paragraph 16 of the statement of claim filed on 7/9/2000 the plaintiff, Association of Nigerian Co-operative Exporters Ltd. claimed against the defendant - Co-operative Bank Plc as follows:- (1) A declaration that the deed of legal mortgage registered as number 3 at page 3 in Volume 2192 of the Lands Registry Ibadan or any other instruments whatsoever do not permit the defendant to breach the oath of secrecy between it and the plaintiff through the pasting of the letter of demand all over A the premises of the plaintiff even before a copy of the letter was given to the plaintiff by the defendant.

A sum of one million naira as damages for the breach of oath of secrecy and breach of duty of spec…

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