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FIRST BANK OF NIGERIA LIMITED & MR. N. UKA V. MOBA FARMS LIMITED, PATRICK M. EYEKP IMI & THE AGRICULTURAL CREDIT GUARANTEE FUND BOARD

(2004) JELR 44978 (CA)

Court of Appeal  •  CA/B/46/95  •  7 Jun 2004  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; KUMAI BAYANG AKAAHS JCA; AMINA ADAMU AUGIE JCA;

Judgement

AKAAHS, J.C.A. (Delivering the Leading Judgment): In paragraph 30 of the 3rd amended statement of claim, the plaintiffs claimed against the 1st, 2nd and 3rd defendants as follows:

"(a) An order compelling the 3rd defendant to order the 1st and 2nd defendants to comply and/or abide by the terms of agreement under the Agricultural Credit Guarantee Scheme Fund under Decree No. 20 of 1977 as the sole and exclusive controlling authority.

(b) An order of mandatory injunction directing the 1st and 2nd defendants to revert the unauthorised and/or wrongful debiting of the 1st plaintiffs account being the immediate cause of action herein.

(c) An order commanding the 1st and 2nd defendants to return to the 2nd plaintiff forthwith the documents of title/securities to wit:

(i) Deed of Lease dated 9th February, 1978 and registered as No. 37 at page 37 in Volume 517 property of the 2nd plaintiff.

(ii) Deed of Lease dated 27th June, 1967 and registered as No. 52 at page 52 in Volume 982 property o…

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