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UNITED BANK FOR AFRICA PLC v. DOWBEX INTERNATIONAL LIMITED & ANOR

(2018) JELR 38536 (CA)

Court of Appeal  •  CA/PH/80/2015  •  27 Jul 2018  •  Nigeria

Coram
ISAIAH OLUFEMI AKEJU JCA; CORDELIA IFEOMA JOMBO-OFO JCA; BITRUS GYARAZAMA SANGA JCA;

Judgement

BITRUS GYARAZAMA SANGA, J.C.A. (Delivering the Leading Judgment): This interlocutory appeal emanated from the Ruling of G.K. OLOTU J. of the Federal High Court of Nigeria, Port Harcourt Judicial Division in Suit No. FHC/CS/1289/2007 delivered on 18th March, 2009. The Respondents as Plaintiffs filed an endorsed Writ of Summons and Statement of Claim dated 11th September, 2007 against the Appellant as Defendant seeking for the following:

1: A declaration that the Plaintiffs having paid all moneys (sic) due and agreed upon by the Plaintiffs with the Defendant as full and final settlement of the credit facility subject matter of the Legal Mortgage dated the 26th day of September, 1997 and registered as No. 38 at Page 38 in Volume 234 at the Lands Registry in Port Harcourt, the Plaintiffs are entitled to the return of the Original Certificate of Occupancy dated the 9th day of February, 1997 registered as No. 32 at Page 32 in Volume 236 at the Lands Registry in Port Harcourt which Certificat…

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