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ALHAJI HASSAN BELLO & SONS LTD & ANOR
V.
ZENITH BANK

(2018) JELR 35449 (CA)

Court of Appeal 2 Feb 2018 Nigeria
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- The plaintiff (a bank) sued the defendants for N22,995,691.45, representing outstanding indebtedness (including principal and accrued interest) under an overdraft facility originally granted in the sum of N5,000,000.00 to the 1st defendan

Case Details

Suit Number:CA/S/87/2015
Judges:HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Counsel:C. B. Sarkin Noma with him, L. E. Ewemonye For Appellant Ibrahim Abdullahi with him, V. R. Omoba For Respondent

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of High Court of Sokoto State coram D. B. Sambo, J. in Suit No. SS/62/2012 delivered on the 11/9/2014, granting the reliefs of the plaintiff and dismissing the Defendants counter claim. The plaintiff claimed against the Defendants jointly and severally as follows: -

1. The sum of N22,995,691.45 (Twenty Two Million, Nine Hundred and Ninety Five Thousand Six Hundred and Ninety One Naira Forty Five Kobo) being the outstanding indebtedness of the Defendants to the plaintiff and or the principal monies and the accrued interest due to the plaintiff from the 1st Defendant and which payments was guaranteed by the 2nd Defendant arising from the overdraft facility extended to the 1st Defendant and which sums have remained unpaid till date notwithstanding repeated demands.

2. 35% interest rate on the sums of N22,995,691.45 (Twenty Two Million, Nine Hundred and Ninety Five Thousand Six Hundred …

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