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UNION BANK OF NIGERIA PLC v. SAMSON MORONFOYE

(2017) JELR 37595 (CA)

Court of Appeal  •  CA/K/269/2014  •  10 Mar 2017  •  Nigeria

Coram
OBIETONBARA O. DANIEL-KALIO JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA; AMINA AUDI WAMBAI JCA;

Judgement

OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): This appeal is over the judgment of the High Court of Kaduna State (the lower Court) on whether or not a title document was retrieved. The facts of the case are slim, simple and straightforward. The Respondent in this appeal Samson Moronfoye between 1984 and 1988 or thereabout, deposited a Certificate of Occupancy in respect of his property in his hometown of Ogbomosho in Oyo State, with the Appellant, Union Bank of Nigeria Plc, for safekeeping at its branch in Kaduna South. In January 1988 the Respondent decided to transfer his account in the Kaduna South branch to the Appellant's branch at Ahmadu Bello Way, Kaduna. In transferring the account, the Respondent wrote to the Kaduna South branch to also transfer 'securities' to the Ahmadu Bello Way branch. He got a confirmation from the Kaduna South branch that the Certificate of Occupancy, described by the branch as "your security items" had been transferred as reque…

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