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NAFAMA THIMNU v. UNION BANK OF NIGERIA PLC & ORS

(2013) JELR 35392 (CA)

Court of Appeal  •  CA/YL/4/2011  •  17 Dec 2013  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; JUMMAI HANNATU SANKEY JCA; ADAMU JAURO JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Adamawa State High Court, Yola in Suit ADSY/11/04 - NAFAMA THIMNU V. UNION BANK OF NIGERIA PLC and 2 OTHERS Delivered on the 24th day of May, 2010 wherein the Plaintiff/Appellant's suit was dismissed on the ground that there is a valid subsisting and final Judgment delivered by Upper Area Court, Guyuk in respect of the same matter and between the same parties.

Briefly, the facts of the case are that on 5th day of March 2004, the Plaintiff/Appellant instituted an action against the Defendants/Respondents at the lower Court in which he claims as follows:-

"a. N1,000,000.00 One Million Naira damages against the 1st and 2nd Defendants for the trespass, threats, assault, intimidation, blackmail and defamation of character perpetrated on the Plaintiff on 12/3/2003 by the 2nd Defendant and others acting as the agents, servants and employers of the Defendant.

b. A declaration that the Plaiā€¦

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