(2003) JELR 44094 (CA)    

Court of Appeal  ·  CA/PH/316/98 ·  7 May 2003 ·  Nigeria
Other Citations
A.C.B. Plc. v. Ezenwa [2004] 7 NWLR (Pt.872)326
A.C.B. Plc. v. Ezenwa (2004) 7 NWLR (Pt. 872) 326
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria MICHAEL EYARUOMA AKPIROROH Justice of The Court of Appeal of Nigeria DAVID ADEDOYIN ADENIJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
general cause list
undefended list
affidavit evidence
oral evidence
learned trial judge
trial court
trial judge
grounds of appeal
leading judgment
abia state high court
court of trial
imo state high court
issue no.1
particular case
support of the notice of intention
above claim
affidavit of the appellant
application ex parte
calm view
case of maley v
cases of cash affairs finance ltd.
claim of the plaintiff
court order
existence of a fair probability of defence
fact raise
facts of the case
issue of writ of summons
matter of procedure
part payment of the entire benefit of n667,234.28
proof of his claim
proper scrutiny of averments
said judgment
said leading judgment hold
said sum
serious issue
such conflict
such exercise
sum of n572,585.08
supreme court

ADENIJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Ekuma-Akama, J of the Abia State High Court, sitting at Aba, delivered on 21st October, 1996, giving judgment to the plaintiff/ respondent as claimed on the undefended list. The defendant/appellant being dissatisfied with the said judgment appealed against same filing 4 grounds of appeal in the process.

The claim of the plaintiff in the court of trial was for:

"(1) The sum of N572,585.08 (five hundred and seventy two thousand, five hundred and eighty five Naira, eight kobo) being pension and outstanding gratuity due to the plaintiff from the defendant.

(2) Interest on the said sum at the rate of 13% per annum from January, 1994, until judgment.

(3) Interest on the judgment debt at the rate of 10% per annum from the date of judgment, until fully paid."

The facts of the case are that the plaintiff/respondent an erstwhile employee of the appellant/bank was retired from the service of the bank in …

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