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ACB LTD
V.
EGBUNIKE & ANOR

(1988) JELR 39719 (CA)

Court of Appeal 14 Jul 1988 Nigeria
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Case Details

Suit Number:CA/E/68/86
Judges: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
Counsel:Ebele Nwokoye For Appellant S.N. Chukwuma For Respondent
Other Citations:A.C.B. Ltd. v. Egbunike (1988) 4 NWLR (Pt. 88)

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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