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BIYI COMPANY LTD v. CHIEF REGISTRAR, HIGH COURT OF THE FCT & CENTRAL BANK OF NIGERIA

(2021) JELR 109289 (CA)

Court of Appeal  •  CA/A/153/2019  •  30 Sep 2021  •  Nigeria

Coram
Uchechukwu Onyemenam, JCA Mohammed Mustapha, JCA Danlami Zama Senchi, JCA

Judgement

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of the Federal Capital Territory delivered by A. O. OTALUKA, J. on 29th November, 2018.

At the trial Court, the Appellant initiated this suit via a Writ of Summons and claimed as follows:

1. A DECLARATION that the Act/or Conduct of the Defendants in failing and/or refusing to pay over to the Claimant the interest which accrues from the Principal Judgment Sum of N34,904,073.73K (Thirty Four Million, Nine Hundred and Four Thousand, Seventy Three Naira Seventy Three Kobo) into an interest yielding account in the custody of the 1st Defendant from the 21st day of March, 2013 to the 15th day of June, 2017 is wrongful, ultra vires, illegal, and, unlawful.

2. AN ORDER directing the 2nd Defendant to pay the sum of N15,176,084.25 (Fifteen Million, One Hundred and Seventy Six Thousand, Eighty Four Naira Twenty Five Kobo) to the Claimant being the interest sum which accrues to the Cl…

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