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HENRY OKOBIEMEN V. UNION BANK OF NIGERIA PLC (JALINGO BRANCH TARABA STATE)

(2017) JELR 37324 (CA)

Court of Appeal  •  CA/YL/10/2017  •  8 Dec 2017  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSAINI JCA;

Judgement

SAIDU TANKO HUSAINI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered at the High Court of Adamawa State on the 30th June, 2014, dismissing the claim before it in Suit No. ADSY/14/2013.

The Appellant was the Plaintiff at the High Court. By the Writ of Summons taken out at his instance dated 21st February, 2013 and the Statement of claim filed on the 8th November, 2013 he claimed against the defendant, now Respondents, sundry reliefs to wit:-

a. A declaration that the deduction of the sum N2,000,000.00 from the plaintiffs account with the defendant without his knowledge and consent is unlawful, improper and illegal.

b. The sum of N2,000,000.00 being withdrawal by the defendant from the plaintiffs account without his consent and approval be credited back into his account.

c. The sum of N5,000,000.00 as special and general damages for illegal deduction.

d. The sum of N500,000.00 as cost of this suit and any other reliefs the Court deem fit to make in theā€¦

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