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OZDE DISTILLERIES LIMITED v. DIAMOND BANK PLC.

(2013) JELR 36043 (CA)

Court of Appeal  •  CA/L/533/2008  •  1 Mar 2013  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; CHIMA CENTUS NWEZE JCA; CHINWE EUGENIA IYIZOBA JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A.(Delivering the Leading Judgment):This is an Appeal against the judgment of Adebiyi J. of the High Court of Lagos State sitting at the Commercial Division, Tafawa Balewa Square, Lagos delivered on 31/1/08 in Suit No. LD/2483/2001 dismissing the claims of the Appellant and granting some of the reliefs sought in the Counter-Claim of the Respondent.

The Appellant who was the Claimant in the Court below by its Statement of Claim dated 19/10/01 approached the Court for the following reliefs:-

i. A declaration that by the agreement of the parties and the payment by the Plaintiff of the sum of N20, 238,892.40, it has discharged all its debt obligation to the Defendant.

ii. That detention of the Plaintiff's security and refusal to release the same to the Plaintiff is unlawful.

iii. That the Plaintiff is entitled to various original receipts for all the monies said to have been paid on behalf of the Plaintiff by the Defendant, whether they be official government r…

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