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MISS EZE KITA ODIETE DAURA & MISS CLEOPATRA BAROBE (FOR THEMSELVES AND ON BEHALF OF THE ESTATE OF LATE HON. JUSTICE KITA ODIETE GEORGMAN) V. UNION BANK OF NIGERIA PLC

(2024) JELR 112180 (SC)

Supreme Court  •  SC.273/2015  •  26 Jan 2024  •  Nigeria

Coram
JOHN INYANG OKORO JSC UWANI MUSA ABBA AJI JSC IBRAHIM MOHAMMED MUSA SAULAWA JSC TIJJANI ABUBAKAR JSC EMMANUEL AKOMAYE AGIM JSC

Appearances
E.E. Ileoba Esq. for the Appellants. F.I. Agboroh Esq. with J.O. Erameh Esq. and P.O. Agboro Esq. for the Respondent.

Judgement

EMMANUEL AKOMAYE AGIM, JSC (Delivering The Leading Judgement): Hon. Justice Kita Odiete Georgeman, Judge of the High Court of Delta State, in her life time, between 12-6-2008 and 24-7-2008 applied for, obtained and utilized a loan of six million naira with interest at the rate of 18% per annum at monthly rests. Before she could complete repayment of the said loan sum, she died on 1-8-2008.

The appellants as children of the late Hon. Justice Kita Odiete Georgeman applied by a motion ex parte filed on 24-8- 2009 in the Uvwie Area Customary Court of Delta State for an order granting them "Letters/Powers of Administration of the Estate, both real and personal, of Hon. Justice Kita Odiete Georgeman (deceased)" and an order to enable them operate, manage and withdraw monies from the account of late Hon. Justice Kita Odiete Georgeman with First Bank of Nigeria PLC in which the loan sum was deposited by Hon. Justice Kita Odiete Georgeman before she died on 1-8-2008. The Uvwie Area Customary Co…

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