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KINGSMAN MERCHANT COMPANY NIGERIA LIMITED V. ECO BANK NIGERIA PLC

(2017) JELR 37770 (CA)

Court of Appeal  •  CA/OW/316/2014  •  2 Jun 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TUNDE OYEBANJI AWOTOYE JCA;

Appearances
A.O. Njoku For Appellant J.E. Okodogbe with him, L.C. Chinedu-Osuji (Miss), C.O. Anyanwu and S.A. Akpanike For Respondent

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment delivered on 16/6/2014 by the High Court of Abia State holden in Aba presided over by Thomas Adiele, J; (hereafter to be simply referred to as the lower Court and the learned trial Judge respectively). The lower Court entered judgment for the Appellant as Claimant before it in respect of some of his claims; and also entered judgment for the Respondent as Defendant before it in respect of some of its counter-claim against the Appellant.

The facts of the case in my considered view are properly summarized in the judgment of the lower Court that spans pages 261284 of the record. In this regard I hereby re-produce what the Court stated on pages 261 263 of the record: -

By a writ of summons dated and filed 8th September, 2009 the Claimant commenced this action.

The Claimants claim is contained in the claimants amended statement of claim dated and filed 30th May, 2012 wherein the claimant…

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