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ZENITH BANK PLC v. MRS. ELIZABETH UMOM

(2013) JELR 35462 (CA)

Court of Appeal  •  CA/C/97/2011  •  28 Oct 2013  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; UZO I. NDUKWE-ANYANWU JCA; ONYEKACHI A. OTISI JCA;

Judgement

MOHAMMED LAWAL GARBA, JCA (Delivering the Leading Judgment): This appeal is from the decision of the High Court of Akwa Ibom State sitting at Uyo delivered on the 20/12/2010 in suit No. HU/322/2006 by which judgment was entered in favour of the Respondent who was the plaintiff. The Respondent had taken out a writ of summons on the 18/8/2006 against the Appellant whose address for service as Defendant was given as

"Zenith Bank Plc,

Corporate Headquarters,

84, Ajose Adeogun Street,

Victoria Island, Lagos".

The writ was said to have been issued by 'Dr. Aquaowo Essien and Co, 2 Oron Road, Uyo" which was put on the signature column with the office stamp and a signature as follows:-

"Dr. Aquaowo Essien and Co,

Ikpa lsong Chambers,

No. 2, Oron Road, Uyo."

The claim endorsed on the writ and set out in paragraph 14 of the statement of claim dated the 10/11/2006 but filed 18/12/2006, signed and stamped by "Dr. Aquaowo Essien and Co, Ikpa Isong Chambers, No. 2, Oron Road, Uyo, Akwa Ibom State",…

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