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F.G. ONYENWE MOTORS LTD V. FBN (MERCHANT BANKERS) LTD

(2013) JELR 34060 (CA)

Court of Appeal  •  CA/E/458/2008  •  10 Jul 2013  •  Nigeria

Coram
MOJBED ADEKUNLE OWOADE JCA; ISAIAH OLUFEMI AKEJU JCA; EMMANUEL AKOMAYE AGIM JCA;

Appearances
Obi Anizoba Esq. For Appellant Fred A. Okwesa Esq. For Respondent

Judgement

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): On the 23rd December, 2005, the appellant herein, as plaintiff by a writ of summons commenced suit 0/670/05 in the High Court of Anambra State, in the Onitsha Judicial Division claiming for:-

1. The declaration that the Defendant as Bankers to the plaintiff, can only charge interest, and/or other Bank charges as agreed by the parties and/or as regulated and approved by the Central Bank of Nigeria.

2. A declaration that all interest and other Bank charges not earlier agreed to by the parties and/or not approved or contrary to the guide line of the Central Bank of Nigeria is wrongful, illegal and of no effect whatsoever.

3. An order of court directing the Defendant to reconcile the plaintiffs account, and reverse all debit entries which are unauthorized, and/or contrary to the guideline and/or directives of the Central Bank of Nigeria.

4. An order of interlocutory injunction restraining the Defendant, by itself or through …

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