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UNITED BANK FOR AFRICA PLC v. DR. HYACINTH OSONDU EZE

(2014) JELR 36248 (CA)

Court of Appeal  •  CA/E/362/2012  •  14 Nov 2014  •  Nigeria

Coram
TOM SHAIBU YAKUBU JCA; EMMANUEL AKOMAYE AGIM JCA; SAIDU TANKO HUSAINI JCA;

Judgement

SAIDU TANKO HUSAINI, J.C.A. (Delivering the Leading Judgment): This Interlocutory Appeal is against the Ruling delivered at the High court of Enugu State Holden at Enugu on 4th Day of June, 2012 in Suit No. E/56/2011.

United Bank for Africa Plc, the Appellant herein are the defendants in the suit instituted at the High Court wherein the Plaintiff, Dr. Hyacinth Osondu Eze, in the writ of summons and the statement of claim, sought to compel the defendant to return to him the 3 (three) certificates deposited with them (defendants).

Upon service on them of the papers Originating the action, the defendants, by way of a Motion on Notice dated the 13th May, 2011 and filed at the Court below on the 19/5/2011 prayed the Court for:-

1) An Order striking out the said Suit on the ground that the defendant is not a juristic person which can sue or be sued,

2) An Order dismissing the said Suit for being statute barred, and

3) Such other order as the Court deemed fit to make.

In the course of the pr…

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