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KAYODE OLATUNJI ESQ. (.Carrying on business in the name and style of Kayode Olatunji & Co. Legal Practitioners) v. UNITY BANK PLC (Formerly Known as Bank of the North Ltd. )

(2016) JELR 41311 (CA)

Court of Appeal  •  CA/K/277/2011  •  17 Mar 2016  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA ISAIAH OLUFEMI AKEJU JCA IBRAHIM SHATA BDLIYA JCA

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Kano State contained in the judgment delivered on 15th August, 2011 (and captured at pages 283-294 of the record of appeal) in respect of suit No. K/529/2010 which the Appellant as the plaintiff had initially commenced through the motion ex parte filed on 1/11/2010 for leave to place for hearing under the undefended list, but by the order of the trial Court the suit was transferred for trial under the general cause list and pleadings were ordered and filed by paragraph 21 of the statement of claim dated 27/1/2011 and filed same date the appellant had claimed as follows:-

21. WHEREOF THE PLAINTIFF CLAIMS AGAINST THE DEFENDANT AS FOLLOWS:

(a) The sum of ₦4,016,553.00 (Four Million Sixteen Thousand Five Hundred And Fifty Three Naira Only) being plaintiff's 10% recovery fees on the debt of ₦40,165,526.56 paid and settled by defendant's customer Alhaji Salisu Adamu Fagge a…

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