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NATHANIEL BULUS v. A.C. OKPALA & ANOR

(2017) JELR 37363 (CA)

Court of Appeal  •  CA/J/205/2014  •  26 Jan 2017  •  Nigeria

Coram
HABEEB ADEWALE OLUMUYIWA ABIRU JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, JCA (DELIVERING THE LEADING JUDGMENT): This appeal was brought by the Appellant (the Claimant/lnterpleader at the Court below) pursuant to the Ruling of the Bauchi State High Court delivered by Hon. Justice Rabi Umar on March 18th 2014, upon the Interpleader Summons filed by the Appellant in October 2013. The interpleader proceedings by the Appellant was a consequence of the Judgment in Suit No. BA/79/2011 by the same Hon. Justice Rabi Umar on February 23rd 2012 in favor of the 1st Respondent herein against the 2nd Respondent herein and two others, Bashir lbrahim and Danbaba Suleiman in the sum of N2,870, 247.41. The third party claim was however dismissed by the Court for lack of "enough evidence."

From the printed Record before this Court, the following facts were gleaned as leading to the third party claim which eventually brought about this appeal:

The 1st Respondent was the Plaintiff at the Court below in Suit No. BA/79/2011, who got judgment a…

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