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STEPHEN KAURA & ORS. V. UNITED BANK FOR AFRICA PLC.

(2004) JELR 45046 (CA)

Court of Appeal  •  CA/A/97/2002  •  10 Jun 2004  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD I JCA; ZAINAB ADAMU BULKACHUWA JCA; ALBERT GBADEBO ODUYEM JCA;

Judgement

I.T. MUHAMMAD, J.C.A. (Delivering the Leading Judgment): In a writ of summons issued by the High Court of Justice of the Federal Capital Territory, Abuja (the court below) the appellants as plaintiffs endorsed some claims against the respondent as defendant. In a more elaborate form, paragraph 9 of the plaintiffs' statement of claim contains the claims as follows:

"Whereof the plaintiffs claims (sic) jointly and severally from the defendant-

(a) A declaration that the exercise carried out by the defendant on 23rd May, 1997, was retrenchment of the plaintiffs and that the defendant is in breach of its agreement guiding the grant of such loans to the plaintiffs and are not entitle (sic) to deduct any indebtedness if any from the plaintiffs entitlements with the defendant.

(b) An order of court directing the defendant to pay to the plaintiffs all their entitlements and or benefits totalling the sum of N8,990,699.64k."

In its statement of defence, the defendant denied each and every ma…

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