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FEDERAL MORTGAGE BANK OF NIGERIA v. ENGR. JOHN OSA UWADIALE

(2003) JELR 47135 (CA)

Court of Appeal  •  CA/B/111/97  •  7 Nov 2003  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; KUMAI BAYANG AKAAHS JCA;

Judgement

MUHAMMAD S. MUNTAKA-COOMASSIE, J.C.A. (Delivering the Leading Judgment): The plaintiff commenced this action against the two defendants, Federal Mortgage Bank of Nigeria and Neighbourhood Building Society, at the High Court of Justice, Benin City. Wherein he claims for the following reliefs as per his amended statement of claim:

"(a) A declaration that he is entitled to recover from the defendants the total sum of N107,124.00 (One Hundred and Seven Thousand, One Hundred and Twenty-Four Naira) plus 18% interest thereon from the 7th day of April, 1994 until the determination of this suit being deposits made by the plaintiff in Neighbourhood Building Society Benin Branch which has at least 10 Million Naira equity in the 1st defendant's bank.

(b) An injunction restraining the 1st defendant from disbursing any fund due to Neighbourhood Building Society until his interest therein as aforesaid is cleared by the Neighbourhood Building Society."

The court ordered for the joinder of the 2nd de…

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