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UNION BANK OF NIGERIA PLC V. OBONG AMAETE NTUK

(2003) JELR 50954 (CA)

Court of Appeal  •  CA/C/107/2001  •  17 Feb 2003  •  Nigeria

Coram
SIMEON OSUJI EKPE JCA (Presided) SULE AREMU OLAGUNJU JCA ISTIFANUS THOMAS JCA (Read the Lead Judgment)

Appearances
Sabena Akpan (Mrs.) - for the Appellant. E -*- Goddy A. Umoh, Esq. - for the Respondent.

Judgement
<p><strong> THOMAS JCA (Delivering the Lead Judgment): </strong> This appeal is from the decision of Okpo, J., in suit No. HAB/32/97 sitting at IkotAbasi Judicial Division of Akwa Ibom State. The judgment was delivered on 17th August, 2000.</p><p>The plaintiff now respondent, claimed against the defendant now appellant as per the writ of summons as follows:</p><p>“1. A declaration of this Honourable Court that: the plaintiff by virtue of the mandate authorising the operation of both the current account and savings account No. 01/437 with the defendant bank in Ikot Abasi and his office as the National Treasurer of the National Conference of Local Government Chairmen and sole signatory to the account of the Conference, entitled on behalf of the National Conference of Local Government Chairmen, to withdraw from the account of the conference generally and particularly in discharge of the obligations of the conference which accrued prior to November, 1993; and the defendant acted wrongfully and in breach of the mandate aut…</p>

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