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UNITED BANK FOR AFRICA PLC. V. EDET OKON EFFIONG

(2011) JELR 46755 (CA)

Court of Appeal  •  CA/C/107/2008  •  15 Apr 2011  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA (Presided) JA’AFARU MIKA’ILU JCA MASSOUD A. OREDOLA JCA (Read the Lead Judgment)

Judgement

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment): This is a double barrel appeal. It has been brought against two decisions of I. N .B. Isua, J, of the High court of Akwa Ibom state, Uyo Judicial Division, delivered in Suit No. HU/229/2005 on 16th January, 2006 and 16th November, 2006 respectively.

In the lower court, the respondent herein was the plaintiff, while the appellant was the defendant. The respondent's writ of summons with which the action was commenced before the lower court was filed on 15th Aug, 2005. Thereafter, the respondent filed his statement of claim on 10th November, 2005. In the said statement of claim which supercedes the initially filed writ of summons, the respondent in paragraph 19 thereof claimed thus:

"The Plaintiff claims against the Defendant

i) a declaration that his purported summary dismissal is invalid, wrongful, void and of no effect.

ii) the setting aside of the Defendant's letter of purported summary dismissal of 11 February 200…

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