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UNITED BANK FOR AFRICA PLC V. ALBAN OGBONNA

(2017) JELR 38050 (CA)

Court of Appeal  •  CA/OW/164/2014  •  5 May 2017  •  Nigeria

Coram
MASSOUD ABDULRAHMAN OREDOLA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA;

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Imo State sitting at Owerri (hereinafter referred to as the lower Court), delivered on the 7th day of April, 2014 in Suit No: HOW/271/2013 by Hon. Justice I. O. Agugua, J. The suit from which this appeal emanated from was commenced by the claimant/respondent (hereinafter referred to as the respondent) vide a writ of summons, statement of claim and other accompanying processes filed on the 23rd day of April, 2013, wherein the respondent by his statement of claim, sought for the following reliefs:

(a) Return of Certificate of Occupancy registered No.67 Page 67 in Volume 157 of Register of Deeds kept in Owerri.

(b) General and/or Punitive Damages of N50 million Naira for wrongful detention of Claimants Certificate of Occupancy.

PARTICULARS OF SPECIAL DAMAGES:

(i) Loss of use of document at - N5m per annum from 2007-2013 - N50 million

(ii) General Damages - N20 millio…

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