Customer Support

A. I. EGBUNIKE & ORS
V.
ACB LTD

(1995) JELR 41580 (SC)

Supreme Court 3 Feb 1995 Nigeria
BriefBot icon

BriefBot Summary

Free

- The respondent, a banker, filed a claim against the appellants for the balance of an overdraft and compound interest. - The appellants admitted some of the material averments in the respondent's pleading, but denied others. - The trial ju

Case Details

Suit Number:SC.253/1989
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:Chief F.R.A. William, S.A.N. (With him. J.U. Igwe and A. Williams (Mrs) for the Appellants. For Appellant Nwokoye - for the Respondent For Respondent
Other Citations:Egbunike v. ACB Ltd (1995) 2 NWLR (Pt.375)34 (1995-1996) All NLR 126 (1995) 2 SCNJ 58

ADIO, JSC (DELIVERING THE LEADING JUDGMENT): The respondent's claim against the appellants, jointly and severally, in the High Court of Justice, Anambra State of Nigeria was, as stated in paragraph 18 of the amended statement of claim, as follows:-

"(i) the sum of 800,312.28 (eight hundred thousand three hundred and twelve naira twenty-eight kobo) balance of overdraft with compound interest at the rate of 10% per annum as at close of business on the 26th November, 1979.

(ii) compound interest at the rate of 10% per annum with monthly rests until the debt is fully repaid or judgment is obtained counting from 27th November, 1979"

Pleadings were duly filed and exchanged. The respondent filed a statement of claim which was amended with the leave of the court. The appellants filed a statement of defence which was also amended with the leave of the court.

The evidence led by the respondent, a banker, was that the appellants were current account customers of the Abakaliki branch of the bank. So…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.