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THE REGISTERED TRUSTEES OF THE WORD OF POWER GLOBAL MINISTRIES INTERNATIONAL (THE TRIUMPHANT CHRISTIAN CENTRE) V. DN TYRE AND RUBBER PLC

(2016) JELR 48765 (CA)

Court of Appeal  •  CA/L/642/2014  •  9 Dec 2016  •  Nigeria

Coram
TIJJANI ABUBAKAR JCA ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA JAMILU YAMMAMA TUKUR JCA

Judgement


JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Lagos State in Suit No: ID/870/2012 delivered by Okikiolu-Ighile J. on the 30th April, 2014 wherein the Court granted leave to the Respondent/Claimant to join some persons as defendants.

The material facts of this case are as follow: The Respondent obtained a loan from Sterling Bank Plc and could not liquidate same for some alleged reasons. Thereafter, the Respondent conveyed its property situate at Plot 23 Oba Akran Avenue, Ikeja Lagos to Sterling Bank by a Deed of Assignment dated 18th December, 2009. Sterling Bank afterwards transferred the landed property to the Appellant via a Memorandum of Sale dated 23rd December, 2010. Consequently, the Respondent sued Sterling Bank Plc by a Writ of Summons and Statement of Claim both dated 18th August, 2012. Sterling Bank filed Statement of Defence dated 21st November, 2012 and the Appellant likewise joined issues with the …

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