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WEMA BANK PLC v. ALHAJI IDOWU FASASI SOLARIN OSILARU

(2007) JELR 33849 (CA)

Court of Appeal  •  CA/I/168/2004  •  10 May 2007  •  Nigeria

Coram
JOHN AFOLABI FABIYI JCA; ALFRED PEARSON EYEWUMI AWALA JCA; JOHN INYANG OKORO JCA;

Judgement

JOHN INYANG OKORO, JCA (Delivering the Leading Judgment): This is an appeal against the Judgment of Saula J. of the Ogun State High Court while sitting at Sagamu in suit No. HCS/53/2000 dated 29th July, 2004 wherein he upheld the respondent's claim in its entirety and dismissed the Appellant's counter-claim. At the lower court, the respondent therein as plaintiff took out a Writ of Summons against the appellant as defendant wherein he sought the under-mentioned reliefs viz:-

(1) A declaration that the defendant's seizure and detention of the sum of five million, seven hundred and ninety three thousand, three hundred and nineteen naira, sixty kobo (₦5,793,319.60k) the insured sum paid to the defendant on behalf of the plaintiff in respect of the latter's buildings at 147 Akarigbo Street, Sabo, Sagamu for the purposes of repairing and renovating the plaintiffs buildings that were destroyed and damaged by fire and burglars on the 18th day of July, 1999 during communal clash in Sagamu is …

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