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  • City Express Bank Ltd. v. Fortune Int’l Bank Plc.
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  • 2002-10-28
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City Express Bank Ltd. v. Fortune Int’l Bank Plc.

CITY EXPRESS BANK LIMITED

V

FORTUNE INTERNATIONAL BANK PLC

SUFFOLK PETROLEUM SERVICES LTD

MR. HENRY ADAWARI MACPEPPLE

MR. ELFRIDA MACPPEPPLE

MR. EMMANUEL MACPEPPLE

CENTRAL BANK OF NIGERIA

COURT OF APPEAL

( LAGOS DIVISION )

G. ADESOLA OGUNTADE, JCA ( Presided and Read the Lead Judgment )

PIUS OLAYIWOLA ADEREMI, JCA

CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JCA

CA/L/82M/2002

MONDAY, 22ND JULY, 2002

EVIDENCE - Affidavit evidence - Where uncontradicted - Effect

PRACTICE AND PROCEDURE - Affidavit evidence - Where uncontradicted -  Effect

Issue:

Whether an affidavit evidence before the court may be accepted in the absence of any contradiction.

Facts:

The trial court made an ex-parte order of injunction against the appellant herein on 7/2/02. The appellant subsequently appealed to the Court of Appeal praying it to stay the ex-parte order of the trial court. The Court of Appeal granted the order as prayed. The respondent/applicant now brings this application praying for an order discharging the ex-parte order of injunction granted by the Court of Appeal on 7/3/02. The application is supported by uncontradicted affidavit of the applicant.