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A.OBIKOYA V. WEMA BANK LIMITED

(1989) JELR 42872 (SC)

Supreme Court  •  SC.61/1986  •  20 Jan 1989  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; MUHAMMADU LAWAL UWAIS JSC; CHUKWUDIFU AKUNNE OPUTA JSC; ABUBAKAR BASHIR WALI JSC; EBENEZER BABASANYA CRAIG JSC;

Judgement

CRAIG, J.S.C. (Delivering the Leading Judgment): This appeal is an offshoot of a previous case which came before the Supreme Court sitting as a full Court. That case SC.110/82 - Wema Bank Ltd. v. Bronik Motors Ltd. and A. O. Obikoya, was later to become the leading authority on the limits of the jurisdiction of the Federal High Court.

The appeal herein arises from an interlocutory application brought after judgment in the principal case referred to above and relates to the proper construction to be placed on a portion of the judgment of this Court as it affects the liability of the appellant who was the 2nd Defendant in the original suit.

The relevant facts as they relate to this appeal are as follows and the parties will hereafter be referred to simply as plaintiffs and defendants.

On the 25th of March, 1980, the plaintiff, Wema Bank Limited took out a Writ of Summons against the defendants in the High Court of Lagos for:

"1. Specific performance of an agreement between the parties…

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