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ASA GABRIEL I. OLADEJI V. DIAMOND BANK PLC

(2017) JELR 37487 (CA)

Court of Appeal  •  CA/J/203/2014  •  18 May 2017  •  Nigeria

Coram
ADAMU JAURO JCA; UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Appearances
T. Kekemeke, with him,N. S. Kwotbok & E. M. Graham For Appellant E. O. Oyadiji, with him, N. M. Nyelong & Yebo Dabup For Respondent

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, JCA(Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Plateau State delivered in Suit No PLD/J533/2006 by Honorable Justice T. D. Naron on the 13th of June, 2012. The Appellant was the plaintiff in the lower Court and his cause of action was in detinue and he claimed for special and general damages.

The case of the Appellant on the pleadings was that in February, 2006, he obtained an overdraft facility in the sum of ₦300,000 00 from the Respondent for a twenty-one day tenure with a 15% interest rate and he failed to repay the facility and that on the 13th of April, 2006, he was invited for a meeting by the Branch Manager of the Respondent. It was his case that he went for the meeting in his Opel Mega Saloon Car with registration number AA 871 RSK (Oyo) and that same vehicle parts he was to supply were in the boot of the car and these were two sets of piston and rings and one set of conrod for a Man Diesel Truck. I…

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