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ALHAJI MUSIBAU GBADAMOSI V. WEMA BANK & ALHAJA TITILAYO BALOGUN

(2021) JELR 107015 (CA)

Court of Appeal  •  CA/IB/M.14/2014  •  19 Mar 2021  •  Nigeria

Coram
Jimi Olukayode Bada, JCA Ugochukwu Anthony Ogakwu, JCA Folasade Ayodeji Ojo, JCA

Judgement

 JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): 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.

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:-

(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.
(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.
(3) An order directing the defendant to furnish the Plaintiff with a true and accurate Statement of Account.
​(4) Injunction restraining the Defendant, its agen…

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