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CASE TITLE: UNITY BANK v. KWARA CHEMICAL CO. LTD & ANOR (2019) LPELR-48468(CA)
JUDGMENT DATE: 2ND SEPTEMBER, 2019
PRACTICE AREA: CIVIL PROCEDURE
LEAD JUDGMENT: IBRAHIM SHATA BDLIYA, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION
This appeal borders on Civil Procedure.
FACTS
This is an appeal against the judgment of the High Court of Justice, Kwara State in suit No. KWS/128/2019, delivered on the 15th day of May 2017, presided over by HALIMA SALEEMAN, J.
The 1st respondent, a limited liability company, was a customer of First Interstate Bank which was merged with other Banks in 2006 to form the Unity Bank (the appellant) who inherited all the assets and liabilities of the defunct First Interstate Bank. The appellant claimed that the 1st respondent was owing the Bank the sum of N77,684,942.25K, which was disputed. The respondents asserted that only the sum of N9,048,137.32K was due for payment to the appellant. The respondents then instituted an action against the appellant seeking a perpetual injunction order to restrain the appellant from taking over the control of its properties. The appellant in reaction to the suit instituted by the 1st respondent filed a statement of defence together with a Counter-claim. At this stage, the appellant applied for and obtained an order joining Alhaji Babs Aremu Yahaya as the 2nd respondent in the counter-claim. The respondents did not prosecute the suit filed by them, hence it was struck out on the 7th of November, 2011. The Counter-claim action was transferred to the High Court for adjudication.
On the 27th of May, 2014, the High Court commenced adjudication of the Counter-claim whereby a witness testified, thereafter, the appellant closed its case. The matter was adjourned for Defence to the 16th of May, 2015. The 2nd respondent testified after adopting his statement on oath. The High Court delivered judgment on the 15th day of May 2017, dismissing the counter-claim for being without merit. Aggrieved by the dismissal of the counter-claim, the Appellant appealed to the Court of Appeal.
ISSUES FOR DETERMINATION
The Court determined the appeal on these issues couched as follows:
DECISION/HELD
On the whole, the Court found no merit in the appeal and accordingly dismissed same.
RATIOS:
~OLAGUNDOYE OLANIYI
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