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FIRST BANK OF NIGERIA PLC. V. MAY MEDICAL CLINICS AND DIAGNOSTIC CENTRE LIM ITED KEVIN CHUKWUDI NWACHUKWU

(2005) JELR 53478 (CA)

Court of Appeal  •  CA/A/43/2002  •  16 May 2005  •  Nigeria

Coram
RAPHEAL OLUFEMI ROWLAND JCA (Presided) OLUFUNMILOLA OYELOLA ADEKEYE JCA AMINA ADAMU AUGIE JCA STANLEY SHENKO ALAGOA JCA TIJJANI ABDULLAHI JCA ( Read the Lead Judgment)

Judgement

ABDULLAHI JCA (Delivering the Lead judgment): This is an appeal against the judgment of the High Court of Justice, Kaduna State coram Donli J. delivered on the 23/11/92 in which judgment was given in favour of the plaintiffs/respondents against the defendant/appellant for the sum of N500,000.00. The defendant now appellant was dissatisfied with the judgment of the trial court and on the 1st day of December, 1992 lodged a notice of appeal containing 5 grounds of appeal against the said judgment. This case as your Lordships will see anon has a chequered history. The facts of the case as can be gathered from the record of proceedings are as follows: the action was first filed in the Kaduna State High Court of Justice on the 20th day of December, 1985 by the respondents who were plaintiffs at the lower court. After a protracted trial that lasted almost seven years, judgment as earlier stated was given in favour of the respondents. In addition to the notice of appeal, the appellant als…

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