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RALPH OLUWOLE OSAYAMEH V. NIGERIA DEPOSIT INSURANCE CORPORATION & ANOR

(2009) JELR 49034 (CA)

Court of Appeal  •  CA/A/157/2005  •  7 May 2009  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; UWANI MUSA ABBA-AJI JCA; JIMI OLUKAYODE DADA JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of the Federal Capital Territory, Abuja in suit No FCT/HC/C/99/2001 RALPH OLUWOLE OSAYAMEH V. (1) NIGERIA DEPOSIT INSURANCE CORPORATION (RECEIVER/LIQUIDATOR OF COMMERCE BANK PLC

(2) NATIONAL OIL AND CHEMICAL MARKETING PLC delivered on the 28th day of June, 2005.

The Appellant as Plaintiff in the lower court claimed against the Defendants now Respondents as follows:-

"(i) A declaration that the tripartite debt-swap contract concluded between the Plaintiff and 1st and 2nd Defendant between the months of March and May 1996 ought to be set aside as having been procured by the undue influence and negligence and /or fraud of the Defendants on the Plaintiff.

(ii) A declaration that the consideration for the transfer of the plaintiff's property known as Plot 133 Haile Sellassie Street, Asokoro District Abuja to the Defendant having wholly failed, the plaintiff becomes and h…

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