(2005) JELR 44004 (CA)    
Court of Appeal  ·  CA/K/265/02 ·  22 Apr 2005 ·  Nigeria
Other Citations
Alhaji M.U. & Sons Ltd.v. L.B.N. Plc (2006) 2 NWLR (Pt.964)288
ABUBAKAR ABDULKADIR JEGA Justice of The Court of Appeal of Nigeria STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
liquidated sum
undefended list
civil procedure
kano state high court
learned trial judge
writ of summons
brief of argument
operation of the law
sum of n193,917.57
1st issue
court interest
day of judgment
grounds of appeal
notice of appeal
notice of intention
said sum
statement of account of the 1st appellant
suit no. k
verbal approval
alleged n10,000.00 learned counsel
balance of overdraft facility
circumstances of the case
exhibit a2 shows
exhibit c
holding no.5
issue no.
judgment of the lower court
leading judgment
learned counsel
letter of grant
letter of offer of the overdraft facility
much ado
outstanding debit balance of loans
respect of a liquidated sum of money
result of the facility of n100,000.00
rules of this court
said notice of appeal
said order
second issue
subject matter of the suit
trial court
types of claim

JEGA, J.C.A. (Delivering the Leading Judgment): By a writ of summons filed at the lower court on 12th June, 2001, which writ of summons was subsequently placed on the undefended list, the plaintiff/respondent claimed thus:

"The sum of N193,917.57 (One hundred and ninety-three thousand, nine hundred and seventeen naira fifty seven kobo) being the outstanding debit balance of loans granted to the appellants/defendants which the appellants/ defendants have refused to pay despite repeated demands to do so. The respondent/plaintiff also claim 21% interest on the said sum from the 18th March, 1999, till the day of judgment, and thereafter 10% court interest, until the debt is fully liquidated."

On the 27th July, 2002 after the learned trial Judge refused to grant the notice of intention to defend, he entered judgment for the respondent/plaintiff in the sum of N193,917.57, being the balance of overdraft facility granted to the appellants/defendants since 1988 plus 21% interest as from 1999 u…

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