ABIOLA & SONS BOTTLING COMPANY NIGERIA LIMITED & ANOR
V.
FIRST CITY MERCHANT BANK LIMITED & ORS.

(2013) JELR 35917 (SC)

Supreme Court 19 Apr 2013 Nigeria
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Case Details

Suit Number:SC.88/2005
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria STANLEY SHENKO ALAGOA Justice of The Supreme Court of Nigeria
Counsel:Dr. J. O. Olatoke, with him: B. O. Omodare, K. A. Uzamot, I. V. Ogiemwonyi and O. O. Aweda For Appellant A. A. Adegbonmire, with him; D. D. Killi For Respondent

IBRAHIM TANKO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): The 1st plaintiff at the Kwara state High court of Justice, holden at Offa [trial court] is a limited liability company carrying on the business of manufacture of and dealers in all kinds of soft drinks. The 2nd plaintiff is also a limited liability company carrying on principally the business of building, civil and electrical contractors, saw-milling industry etc. The 1st defendant is also a limited liability company carrying on the business of banking while the 2nd defendant is a Chartered Accountant. The 3rd defendant, as its name suggests, is a limited liability company incorporated to manufacture or brew 7-Up soft-drinks.

By a deed of debenture [which the plaintiffs termed "purported"], dated 27th November, 1986, between the plaintiffs and the 1st defendant, the sum of N3,500,000 [Three Million, Five Hundred Thousand Naira] was advanced in the form of a term loan overdraft facilities to the 1st plaintiffs to meet …

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