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VIRGIN TECHNOLOGIES LIMITED V. MRS. MAIMUNA SHUAIBU MOHAMMED & PLATINUM HABIB BANK PLC

(2008) JELR 46872 (CA)

Court of Appeal  •  CA/L/170/2004  •  10 Jul 2008  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA PAUL ADAMU GALINJE JCA ADAMU JAURO JCA

Appearances
Olawumi Alajiki For the Appellant; C. Udeagbala Olayinka Owoeye For the Respondent.

Judgement

MONICA BOLNA'AN DONGBAN-MENSEM J.C.A. (Delivering the Leading Judgment): The facts which led to this appeal are that about the 29th day of January, 2004, the Chief Executive Officer (CEO) of the Appellant discovered that the 1st Respondent, who is a director and "co-sole signatory" to the Appellant's account, had allegedly transferred/carted to her personal account, the sum of N199,660,000.00 (One Hundred and Ninety-Nine Million, Six Hundred and Sixty Thousand Naira only) from the Appellant's Account. The account in question is with the 2nd Respondent which is a Bank. Attempts at persuading the 1st Respondent to return the money failed and the CEO resorted to adjudication for redress.

On the 03/03/04, an order of interim Injunction was issued restraining the Respondents in the following terms: -

"1. That an order of Interim Injunction is hereby made restraining the Defendants, their servants, agents, and or privies from withdrawing, transferring or in any way dissipating the sum of N1…

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