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CONSOLIDATED BUSINESS SUPPORT SERVICES LTD V. ACCESS BANK OF NIGERIA & ORS

(2012) JELR 39118 (CA)

Court of Appeal  •  CA/L/54/2004  •  23 Feb 2012  •  Nigeria

Coram
HELEN M. OGUNWUMIJU JCA; RITA NOSAKHARE PEMU JCA; MOHAMMED A. DANJUMA JCA;

Appearances
QUAKERS N. J. (SAN) WITH I. A. OKHUELEIGBE (MISS) For Appellant A.A. ADEGBONMIRE WITH F. C. ANEJE FOR 1ST RESPONDENT.BC IGWILO WITH C. OSAJI (MISS) FOR 2ND RESPONDENT. For Respondent

Judgement

M. A. DANJUMA, JCA (Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court, wherein the Honourable Court dismissed in its entirely the suit of the plaintiff now Appellant, wherein the plaintiff/Appellant by its writ of summons herd claimed as follows:-

"1. A declaration that the 2nd Defendant is liable, to pay to the plaintiff the sum of ₦153 million being value of the plaintiff's divestment from the 2nd Defendant.

2. A declaration that the Bank Guarantee dated the 15th day of January, 2002 given by the 1st Defendant to secure the payment by the 3rd Defendant of ₦153,000 (one hundred and fifty million Naira) for plaintiff's interest in the 2nd Defendant is due and payable and the 1st Defendant is liable to honour the said guarantee.

3. The sum of ₦153,000,000 (one hundred and fifty three million Naira) being the amount the 2nd Defendant agreed to pay the plaintiff under a Bond guarantee dated 15th day of January, 2002 in respect of its ₦15…

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