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FIRST BANK OF NIG. PLC. v. ALH. MUHAMMADU MAINASARA

(2004) JELR 44980 (CA)

Court of Appeal  •  CA/K/56/01  •  15 Jul 2004  •  Nigeria

Coram
BABA ALKALI BA’ABA JCA; JOSEPH JEREMIAH UMOREN JCA; ABUBAKAR ABDULKADIR JEGA JCA;

Judgement

BA'ABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Zamfara State High Court, sitting at Gusau, delivered on the 10th of November, 1999. The plaintiff, Alhaji Muhammadu Mainasara (Trading in the name and style of Muhammadiya Medical Centre) now respondent, issued a writ of summons dated 9/5/96 against the First Bank of Nigeria Plc., the defendant, now appellant. Pleadings were ordered filed, exchanged and amended. The case went to trial on the respondent's amended statement of claim contained at pages 83-84 of the record and the appellant's amended statement of defence dated 24/11/97 at pages 142 - 143 of the record. The respondent as plaintiff as per paragraph 7 of the amended statement of claim, claim as follows:-

"7. Whereof the plaintiff claimed against the defendant as follows:-

(a) A declaration that the plaintiff, being the holder of account No. 7862 with the defendant is entitled to his statement of account 7862 for the period 1982-1…

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