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OGWULE ANKPA AGATU CO-OPERATIVE GROUP FARMING SOCIETY & ANOR. V. NIGERIAN AGRICULTURAL AND CO-OPERATIVE BANK LIMITED & ANOR.

(1999) JELR 48721 (CA)

Court of Appeal  •  CA/J/130/96  •  26 Jan 1999  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; DENNIS ONYEJIFE EDOZIE JCA; RABIU DANLAMI MUHAMMAD JCA;

Judgement

EDOZIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Benue State High Court sitting in Otukpo in suit No. OHC/5/92 wherein the appellants herein as plaintiffs sued the respondents as defendants claiming reliefs particularised in their writ and as formulated in paragraph 21 of their joint statement of claim as follows:

"21. Whereof the plaintiffs jointly and severally claim against the defendants jointly and severally the following reliefs to wit:

1(a) A declaration that the seizure of the plaintiffs' tractor with Reg. No. BN 481 X by the 2nd defendant upon a purported instruction of the 1st defendant was illegal, null and void and ultra vires the defendants as the same was not done in accordance with the terms and spirit of the loan agreement.

(b) An order directing or compelling the defendants jointly and severally to return the plaintiffs' tractor to them forthwith and in good and serviceable condition.

(c) An order setting aside or compell…

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