CORAM

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NNAMANI JUSTICE, SUPREME COURT

BELGORE JUSTICE, SUPREME COURT

AKPATA JUSTICE, SUPREME COURT

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PARTIES

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UNION BANK OF NIGERIA LTD

APPELLANTS 

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EDIONSERI

RESPONDENTS 

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AREA(S) OF LAW

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Not Available

 

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SUMMARY OF FACTS

The plaintiff, Alhaja Bisi Edionseri, filed an action in a Lagos High Court claiming a declaration that the defendant was not entitled to debit her account with the values of different cheques amounting to the sum of N550,000.00; an order directing the defendant to pay the said sum into the plaintiff’s current account with the defendant and damages for breach of contract.

 

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HELD

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APPEAL ABATED

 

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ISSUES

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Not Available

 

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RATIONES DECIDENDI

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TERMS OF SETTLEMENT IN A CONTRACT

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“It was said that in consequence of the settlement, the original action is dead, and being dead, there is nothing on which the third party proceedings can bite. I cannot agree with this contention. It is answered by reference to Section 39(1)(b) and (2) of the Supreme Court of Judicature (Consolidation) Act, 1925 and RSC. Order 16, rRule 4(3)(b). As I read these provisions, once the action itself is settled, the third party proceedings can proceed in just the selfsame way as if they had been started by a separate action.” DENNING MR, PER NNAEMEKA-AGU J.S.C

 

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CASES CITED

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Not Available

 

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STATUTES REFERRED TO

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Section 39(1)(b) and (2) of the Supreme Court of Judicature (Consolidation) Act, 1925 and RSC. Order 16, rRule 4(3) (b).

 

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