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AFOLABI KASALI v. ACCESS BANK PLC

(2016) JELR 41560 (CA)

Court of Appeal  •  CA/AK/122/2013  •  27 May 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal from the decision of the High Court of Justice, Ondo State sitting at Akure contained in the judgment delivered by Honourable Justice F.O Aguda-Taiwo on 19/12/2012.

The Appellant as Plaintiff by Amended Writ of Summons dated and filed on 1/11/2012 and Amended Statement of Claim dated 31/10/2012 and filed on 1/11/2012 claimed against the Respondent as per his paragraph 14 the following reliefs.

i. A Declaration that the right reserved by the Defendant to dispose the mortgage property of the Plaintiff under the credit facility either by public or private treaty without any notice to the Plaintiff as contained in the letter of approval of overdraft facility dated 3/1/2006 is oppressive, onerous, arbitrary, illegal and contrary to Auctioneers Laws cap 9 Law of Ondo State of Nigeria 1978.

b. A Declaration that the unilateral review of interest rates on the credit facility resulting in the sudden ballooning of …

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