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CHIEF M. O. OLATUNJI V. OWENA BANK PLC OREOLUWA FALANA

(2001) JELR 55704 (CA)

Court of Appeal  •  CA/IL/26/2000 .  •  24 Apr 2001  •  Nigeria

Coram
MURITALA AREMU OKUNOLA, JCA (Presided) PATRICK IBE AMAIZU, JCA (Read the Lead Judgment) WALTER SAMUEL NKANU ONNOGHEN, JCA

Judgement

AMAIZU, JCA (Delivering the Lead Judgment): This is a motion on notice brought pursuant to section 15 of the Court of Appeal Act, praying the court for:- “(1) An order for preservation and keeping in safe custody, the proceeds of the judgment of the High Court of Justice of Ekiti State, that is a sum of N30,793,070. 00 pen din g the determination of the appeal.

An order directing that the sum of N30,793,070.00 and all the interest that had accrued since March 2000 while in the custody of the respondents, being the object of the substantive appeal, be given to the Deputy Chief Registrar, Court of Appeal, Ilorin, who shall lodge same since (sic) in an interest- yielding account in the names of both parties pending the determination of the appeal. An order directing the Deputy Chief Registrar that whoever wins the appeal shall be entitled to the whole or any proportion of the sum plus interest, (as may be determined by the decision of the court) at the conclusion of the case”

The applica…

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