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ALHAJI MUKTARI UBA & SONS LTD & ANOR
V.
LION BANK OF NIGERIA PLC

(2005) JELR 44004 (CA)

Court of Appeal 22 Apr 2005 Nigeria
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Case Details

Suit Number:CA/K/265/02
Judges: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
Counsel:S. Abdulkadir, Esq. For Appellant C. Nwabuzor (Miss) For Respondent
Other Citations:Alhaji M.U. & Sons Ltd.v. L.B.N. Plc (2006) 2 NWLR (Pt.964)288

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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