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ALHAJI MURTALA MOHAMMED SALIHU (Doing Business In The Name & Style Of Murtala Mohammed Na'abu Oil & Gas) V. ACCESS BANK PLC

(2021) JELR 109390 (CA)

Court of Appeal  •  CA/J/480/2019  •  10 Sep 2021  •  Nigeria

Jimi Olukayode Bada, JCA Moore Aseimo Abraham Adumein, JCA Uchechukwu Onyemenam, JCA


UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This appeal ensued from the ruling of the High Court of Plateau State, sitting at Jos, delivered on 24th October, 2019 by A. I Ashom, J., in SUIT NO: PLD/J127/19.

The fact of the case at the trial Court is that the Respondent herein on 5th March 2019; took out a writ of summons in the name of Diamond Bank Plc. against the Appellant. On 26th July, 2019; the Respondent filed a motion on notice seeking to amend its name to read Access Bank Plc. with a supporting affidavit averring that the said application was necessitated by the acquisition of the defunct Diamond bank Plc. by Access Bank Plc. The Appellant filed a counter affidavit in opposition to the motion seeking to amend.

The learned trial Judge on 24th October 2019 delivered its ruling in favour of the Respondent as follows:

“What the Applicant seeks in this application is simply to reflect damages on their originating processes to read ACCESS BANK PLC. The Defendant by …

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