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ALHAJI AUWALU ETOKHANA V. NIGERIA DEPOSIT INSURANCE CORPORATION & ANOR

(2016) JELR 48865 (CA)

Court of Appeal  •  CA/K/212/2013  •  21 Apr 2016  •  Nigeria

Coram
IBRAHIM SHATA BDLIYA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Judgement

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, Kano, delivered on 26th March 2010, by Hon. Justice Adamu Bello, in which he dismissed the claims of the Appellant. The Appellant, aggrieved, has appealed to this Court by a 5 ground Notice of Appeal, filed on 17th day of December 2012.

In prosecution of the appeal, the Appellant's Counsel, Felix Jones Osimerha, Esq. filed on 31/3/14 the Appellant's Brief of Argument, dated 28/3/14, formulating the following issues for the Court's determination:

1. Whether from the totality of the documentary evidence the Honourable trial Court was right to rely on the viva voce evidence of DW1, Okeke Ikechukwu Thaddeus to contradict EXHIBIT 'M' (Sale Agreement between Progress Bank Ltd and Hajia Ralatu Oredola Dawudu) and EXHIBIT 'GL' (Kano State High Court, Director of Litigation letter to Appellant notifying him of the Sale of the property by the Court) to hold …

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