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ALI SHOUR & ANOR v. NIGERIA DEPOSIT INSURANCE CORPORATION & ORS

(2014) JELR 36451 (CA)

Court of Appeal  •  CA/K/179/2011  •  16 May 2014  •  Nigeria

Coram
ABDU ABOKI JCA; ITA G. MBABA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Kano State in Suit No. K/687/2001 delivered by Honourable Justice N. S. Umar on the 9th of March, 2010 wherein the lower Court made an order joining the Appellants as co-plaintiffs in the suit on the application of the first Respondent.

The second and third Respondents, as plaintiffs, commenced the action in Suit No. K/687/2001 in the High Court of Kano State against City Express Bank Limited, as defendant, and the first Respondent was subsequently substituted for City Express Bank. The claims of the second and third Respondents, as plaintiffs, were:

i. A declaration that the Defendant's refusal to allow the first Plaintiff draw down part of the facility granted it on the 2nd of October, 2001 and renewed severally is a breach of the terms and conditions of their agreement and occasioned a miscarriage of justice to the Plaintiffs.

ii. A declaration that th…

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