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INTERMERCOSA (NIG.) LTD. & ORS v. ANAMBRA MOTOR MANUFACTURING & ANOR

(2004) JELR 43854 (CA)

Court of Appeal  •  CA/L/311/94  •  1 Jul 2004  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; DALHATU ADAMU JCA; SULEIMAN GALADIMA JCA;

Judgement

OGEBE, J.C.A. (Delivering the Leading Judgment): The plaintiff/respondent in the appeal claimed against the 1st - 3rd appellants as the 1st - 3rd defendants and the 4th respondent as the 4th defendant jointly and severally as follows:

(i) A declaration that the transfer and or deposit by the plaintiff of 10 (Ten) million naira into the 1st defendant's account No. 36000082U at the 4th defendant's branch at Victoria Island, Lagos, is conditional on the issue of a bank draft of 10 (Ten) million naira in favour of the plaintiff.

(ii) A declaration that the 1st defendant's said account No.37000082U is a blocked account and can only be operated with the approval of the plaintiff in respect of the deposit or transfer of the said 10 (Ten) million naira.

(iii) A declaration that it is wrongful and unlawful for the 4th defendant having regard to the circumstances of this case to permit the 1st - 3rd defendants or any of them to draw on the said account without the consent and approval of the p…

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