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MR. JOHN AYOADE v. SPRING BANK PLC & ANOR

(2013) JELR 35804 (CA)

Court of Appeal  •  CA/K/297/2006  •  19 Apr 2013  •  Nigeria

Coram
ABDU ABOKI JCA; ITA G. MBABA JCA; HABEEB A. O. ABIRU JCA;

Judgement
<p>ITA G. MBABA, J.C.A. (Delivering the leading : ): A brief facts of the case at the lower court shows that, Appellant, as the plaintiff in the suit No.K/103/95, filed on 11/2/1995, claimed as follows (against the original two Defendants - OWEMA BANK NIG PLC and MINISTRY OF LANDS and REGIONAL PLANNING KANO):</p><p> 1. That the purported sale of the landed property covered by Certificate of Occupancy No.LKN/CON/RES/88/450 be set aside on the grounds of fraud collusion and for ridiculously undervalued.</p><p> 2. That the Ministry of Lands and Regional Planning be restrained from dealing, altering, changing or in any form tampering with the records now with it in relation to the said Certificate of Occupancy.</p><p> 3. The Plaintiff also claims against the 1st Defendant for embarrassment caused to the Plaintiff by the purported sale of his landed property by the 1st Defendant (see page 12 of the Records of Appeal)</p><p> The above reliefs were amended in the Amended Statement of claim as follows:</p><p> a) "Declaratio…</p>

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