ALHAJI MUSIBAU GBADAMOSI V. WEMA BANK & ALHAJA TITILAYO BALOGUN
(2021) JELR 107015 (CA)
Court of Appeal
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CA/IB/M.14/2014
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19 Mar 2021
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Nigeria
Coram
Jimi Olukayode Bada, JCA
Ugochukwu Anthony Ogakwu, JCA
Folasade Ayodeji Ojo, JCA
Appearances
MR. ADENIYI UTHMAN, with him, MR. A. S. ADENUGA For the Appellant;
MR. ADESINA A. for the 1st & 2nd Respondents.
Judgement
<p><strong> JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment):</strong> This appeal emanated from the Judgment of Oyo State High Court of Justice, Ibadan Judicial Division in Suit No. I/241/2005: ALHAJI MUSIBAU GBADAMOSI v. (1) WEMA BANK PLC (2) ALHAJA TITILAYO BALOGUN delivered on 30th day of May, 2013 wherein the Appellant’s claim was dismissed.</p><p>The facts of this case are that by an amended Writ of Summons filed on 21/2/2007 the Claimant sought for the following reliefs:-</p><blockquote>(1) “A Declaration that the Plaintiff is not owing the 1st Defendant the sum of ₦1,149,228.00 as it does not reflect the true position of the statement of account of the Plaintiff with the Defendant.</blockquote><blockquote>(2) A Declaration that the Plaintiff is not liable to pay any interest, commission or any charge on any entry illegally entered by the Defendant in the Plaintiff’s Account.</blockquote><blockquote>(3) An order directing the defendant to furnish the Plaintiff with a true and accurate Statement of Account.</blockquote><blockquote>​(4) Injunction restraining the Defendant, its agen…</blockquote>