(1988) JELR 39719 (CA)    

Court of Appeal  ·  CA/E/68/86 ·  14 Jul 1988 ·  Nigeria
Other Citations
A.C.B. Ltd. v. Egbunike (1988) 4 NWLR (Pt. 88)
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Court of Appeal of Nigeria WALLACE RONALD TISLINGTON MACAULAY Justice of The Court of Appeal of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria
Core Terms Beta
amended statement of claim
statement of claim
amended statement of defence
compound interest
lower court
1st defendant
burden of proof
material averments
said account
said cheques
trial of this suit
supreme court
trial judge
state of pleadings
balance of overdraft
chemical company
pleadings of parties
sum of n800,312.28
2nd defendants
8th day of march
abakaliki high court of anambra state
commission of a crime
criminal cases
criminal offence
current account
evidence of the plaintiffs
given case
leading judgment
limited liability company
lord denning m.r.
paying bank
question section
said bank
strictest proof of the allegations
subject matter
such facility
sum of n330,000.00
support of their case
total amount
total sum of n678,000.00
trace of the said cheques
unlawful grant of advance

OGUNTADE, J.C.A. (Delivering the Leading Judgment): The appellants were the plaintiffs in the lower Court. They had claimed from the defendants jointly and severally as follows:-

"(1) The sum of N800,312.28 (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 interests until the debt is fully repaid or judgment is obtained from 27th November, 1979."

Pleadings were ordered, filed and exchanged. The case was tried by Obayi, J. at the Abakaliki High Court of Anambra State. The plaintiffs called three witnesses in support of their case. The defendants elected not to call evidence. The lower Court on 17/4/85, after hearing counsel's addresses, delivered its judgment. It dismissed plaintiff's case.

The plaintiffs were dissatisfied with the order dismissing their case. They have com…

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