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FIRST BANK OF NIGERIA PLC. v. AKPARABONG COMMUNITY BANK LTD. & ANOR.

(2005) JELR 45254 (CA)

Court of Appeal  •  CA/C/03/2004  •  14 Apr 2005  •  Nigeria

Coram
CHRISTOPHER MITCHEL CHUKWUMA-ENEH JCA; ISTIFANUS THOMAS JCA; JEAN OMOKRI JCA;

Judgement

THOMAS, J.C.A. (Delivering the Leading Judgment): This interlocutory appeal is against the ruling of the trial Federal High Court Judge, Calabar, in suit No. FHC/C/CS/34/98 delivered on 6/7/1999. The parties before the trial court initially, were Akparabong Community Bank Ltd. as the plaintiff, now as the 1st respondent in this appeal; First Bank of Nigeria Plc. was the defendant but now, the appellant in this appeal.

Later at the trial court, United Bank for Africa (UBA Plc.) applied by motion on notice, prayed, the court to be allowed to be joined as an interested party in the above suit; UBA Plc. will be referred to in this appeal as 2nd respondent.

The relevant brief facts as contained in the record of appeal and the parties briefs of argument filed and exchanged, are that the 1st respondent's customer named Cultural Centre (Afridance Project) paid in a UBA Plc. (2nd respondent) cheque for the sum of N9,020,000.00 into its account with appellant (First Bank Plc.) for clearance, bu…

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