(1997) JELR 45431 (CA)    

Court of Appeal  ·  CA/K/211/94 ·  21 Apr 1997 ·  Nigeria
Other Citations
Ahmed v. Trade Bank (Nig.) Plc. (1997) 10 NWLR (Pt.524)
Ahmed v. Trade Bank (Nig.) Plc (1997) 10 NWLR (Pt. 524) 290
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
grounds of appeal
undefended list
learned trial judge
lower court
notice of intention
writ of summons
rules of the lower court
undefended suit
date of judgment
kwara state
marked writ of summons
affidavit of defence
appellant rose
briefs of argument
claim of the plaintiff
claims paragraph
clear inadvertence violation of the rule
conditions of the loan
customers of the respondent bank
determination of the case
given period
hearing inspite of his counsel
ilorin branch of the respondent
judgment debt
leading judgment
learned counsel
leave of this court
notice of appeal
overdraft facility of n500,000.00
part of the appellant
plaintiff claims
present case
process of the lower court
proper parties
respondent bank
respondent having regard
short term loan of n500,000.00
such defence
support of its claims
support of the respondent
trial court

MOHAMMED, J.C.A. (Delivering the Leading Judgment): The appellant in this appeal was one of the customers of the respondent Bank at its Ilorin branch in Kwara State. By a letter dated 8th August, 1991, the appellant applied for a short term loan of N500,000.00 from the Ilorin branch of the respondent to enable him to execute a contract for the supply of kitchen equipment to the Government House Ilorin. In this application, the appellant gave the undertaking that the proceeds of the execution of the contract was to be paid directly to the respondent Bank. The respondent, through its letter dated 30th August, 1991 approved the appellant's application and granted him overdraft facility of N500,000.00 payable on 31st October, 1991. Other conditions of the loan such as the interest thereon and other charges were contained in the respondent's letter which the appellant signed as having accepted the loan on the conditions it was granted. When the loan remained unpaid up to 7th April, 1992, t…

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