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OBONG-IFIOK (DR.) ANNY ASIKPO V. ACCESS BANK PLC

(2015) JELR 42256 (CA)

Court of Appeal  •  CA/C/16/2014  •  18 Jun 2015  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA;

Appearances
S. C. Peters, Esq. For Appellant A. A. Asuquo, Esq. For Respondent

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Andrew E. Okon J. of the High Court of Justice, Akwa Ibom State sitting in Uyo dated October 29, 2013 wherein the claims of the Appellant were dismissed and the Counter Claim of the Respondent was granted.

The Appellant, a customer of the Respondent (then known as Intercontinental Bank Plc), had instituted Suit No HU/239/2010 against the Respondent. By his Amended Statement of Claim, at pages 288 - 311 of the Records of Appeal, the Appellant sought the following orders of the trial Court:

a. A declaration that the Claimant is the customer of the Defendant by operating account numbers 0201001000001329 (now account number 0042927387), 02010000004389 (now account number 0042930237) and 0201001000177494 (now account no. 0042948522) obtaining credit facilities from Defendant for execution of contracts and that the Defendants owed the claimant many duties arising from the banking relation…

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