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ENTERPRISE BANK LIMITED V. CHIEF (AMBASSADOR) OLADELE AKADIRI

(2018) JELR 39166 (CA)

Court of Appeal  •  CA/AK/241/2014  •  1 Mar 2018  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; MOHAMMED AMBI-USI DANJUMA JCA; OBANDE FESTUS OGBUINYA JCA;

Appearances
M. A. Fadunmoye Esq. For Appellant Temitope Adedipe Esq. with him, Olufemi Ademiyan Esq. and L. C. Odogiyan Esq. For Respondent

Judgement
<p>UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ondo State delivered on the 5th day of August, 2014 by Hon. Justice C.E.T Ajama.</p><p>By a writ of summons together with a Statement of Claim dated 11th February, 2010, the Respondent as Claimant claimed against the Appellant as Defendant as follows:</p><p>(i) A declaration that the inexplicable, unexplained and arrogant holding on to the Plaintiff&#x27;s original land certificate covering his property situate at Plot 2165, Adeniran Ogunsanya Street, Surulere, Lagos amounts to the tort of detinue in law and in consequence of which the Defendant is liable in damages.</p><p>(ii) An order directing the Defendant to, within 48 hours of the judgment of this Honourable Court, return to the Plaintiff the original copy of his land certificate handed over to the Defendant to enable it process and perfect a Deed of Release in discharge of the encumbrance on same.</p><p>ALTERNATIVELY</p><p>An order direct…</p>

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