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AINA MODUPE JEJE v. ENTERPRISE BANK LIMITED & ORS

(2015) JELR 47111 (CA)

Court of Appeal  •  CA/EK/24/2014  •  18 Jun 2015  •  Nigeria

Coram
AYOBODE OLUJIMI LOKULO-SODIPE JCA; FATIMA OMORO AKINBAMI JCA; BOLOUKUROMO MOSES UGO JCA;

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment delivered on 1/8/2013 by the High Court of Justice of Ekiti State holden in Ado-Ekiti Judicial Division presided over by Hon. Justice C.I. Akintayo (hereafter simply referred to as "the Lower Court" and "learned trial Judge" respectively). In the judgment in question, the learned trial Judge dismissed the case of the Appellant (then Plaintiff) in its entirety and granted the counter-claim of the 3rd Respondent (then 3rd Defendant).

The instant case was instituted by one Caleb Jeje against Owena Bank Plc; and the 2nd and 3rd Respondents respectively on record. The writ of summons dated 2/2/1996 appears to have issued on the same date. In the statement of claim dated 17/2/1996 and filed on 27/5/1996 (see pages 8 - 10 of the record), Caleb Jeje disclosed that he had some dealings with Owena Bank Plc as a customer and that he applied for a loan from the said Bank on his current acco…

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