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FIRST CITY MONUMENT BANK PLC v. LINUS G. NYAMA

(2014) JELR 36157 (CA)

Court of Appeal  •  CA/K/283/2011  •  2 May 2014  •  Nigeria

Coram
ABDU ABOKI JCA; THERESA NGOLIKA ORJI-ABADUA JCA; HABEEB ADEWALE OLUMUYIWA JCA;

Judgement

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Summary Judgment/Ruling of theĀ Kaduna State High Court delivered on the 20th October, 2010 by M.M Ladan J.

The Respondent was the Applicant at the lower Court while the Appellant was the Dependant.

The facts of the case leading to this appeal are as follows:

The Respondent sometimes in March 2009 during his NYSC, opened an Account No. 21946000050250 with the Appellant (Bank) at its Ali Akilu branch, Kaduna, On 24th August, 2010 the Respondent presented a request to withdraw money from the account but the Appellant Bank denied him access to his money, in other words refuse to release him the money. He caused his counsel to write a letter to the Appellant Bank demanding unconditional release of the money. The letter was never responded to by the bank nor was the money released to the Respondent.

By a motion on notice dated 24th September, 2010 brought pursuant to Order 2 Rule III(1)(2)(3) of the Fundamenā€¦

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