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GUARANTY TRUST BANK (GTB) PLC v. BARRISTER AJIBOYE AYODEJI ABIODUN

(2017) JELR 87161 (CA)

Court of Appeal  •  CA/EK/59/2015  •  8 Jun 2017  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE. JCA; FATIMA OMORO AKINBAMI. JCA; PAUL OBI ELECHI. JCA;

Judgement

PAUL OBI ELECHI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice sitting at Ado Ekiti delivered on the 4th November 2015 and granted all the legs of the Respondents claim.

Dissatisfied with the said judgment, the Appellant filed his notice of appeal at the registry of the lower Court, on the 6th November 2015. Later, the Appellant filed another Notice of Appeal in the registry of the lower Court within time on the 20th January 2016. However, on the 9th February 2016, the Appellant withdrew the notice of Appeal filed on the 6th November, 2015 and eventually struck-out.

The Appellant as well amended its notice of Appeal filed on the 20th January 2016 and deemed same as properly filed on the 9th February, 2016 in the determination of this appeal, the Appellant postulated the following issues for determination:-

(1) Whether the lower Court rightly sustained the competence of the written statement on oath of the Respondents sole wit…

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