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UNION BANK OF NIGERIA PLC & ANOR v. SPARKLING BREWERIES LTD. & ANOR

(2000) JELR 44068 (CA)

Court of Appeal  •  CA/B/107/97  •  12 Apr 2000  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; RAPHEAL OLUFEMI ROWLAND JCA; KUMAI BAYANG AKAAHS JCA;

Judgement

ROWLAND, JCA (Delivering the Leading Judgment): This appeal is from a judgment of Narebor, J., of the Warri High Court in suit No.W259/89 given on the 19th day of April, 1996, in which the learned trial Judge dismissed the appellants' counter-claim in its entirety.

The respondents herein as plaintiffs instituted an action against the appellants in suit No.UCH/77/88 at the Ughelli Judicial Division wherein the respondents sought inter alia, to challenge the legality of certain instruments which conferred upon the appellants the right to manage the respondents businesses and undertakings in the events of the respondents default in repaying certain loan facilities. The respondents thereafter in 1988 obtained an interim injunction restraining the 2nd appellant from managing the undertakings of the respondents.

On the 14th of November, 1989 after the appellants had filed their statement of defence and counter-claim, suit No.UHC/77/88 was transferred under sections 35 and 36 of the Bendel H…

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