Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AMEDE
V.
UNITED BANK FOR AFRICA

(2007) JELR 51172 (CA)    

Court of Appeal  ·  CA/B/246/2005 ·  28 Jun 2007 ·  Nigeria
 · 
Other Citations
Amede v. U.B.A. (2008) 8 NWLR (Pt. 1090) 623
CORAM
UWANI MUSAABBA AJI JCA (Presided and Read the Lead Judgment) GEORGE OLADEHINDE SHOREMI JCA ALI ABUBAKAR BABANDI GUMEL JCA

Ratio Decidendi

Core Terms Beta
appellant
respondent
cause of action
action
following cases
respondent’s claim
learned trial judge
case
said chief s.e. okonofua
contract of guarantee
instant appeal
issues
notice of intention
writ of summons
laws of bendel state
limitation law cap
express term
principal debtor
support of notice of intention
chief s.e okonofua
contract agreement
general cause list
undefended list
acknowledgment of any debt
chief s.e. okonofua trading
exhibit b
expiration of the limitation period
high court
overdraft facilities
present case
provision of section
s.o. eimiuhi
trial court
virtue of contract of guarantee
account no.601091242
appellant’s notice
bona fide defence
contract of guarantee exhibit
edo state high court
face of exhibit b
facts of this case
o. eghobamien esq
peculiar circumstances of any given case
respect of the said account
respondent’s claims
respondent’s suit
said chief okonofua
support of claim
view of the learned counsel

AJI JCA (Delivering the Lead Judgment): By a writ of summons and an affidavit in support of claim dated 15 January 2003, the respondent herein as the plaintiff at the High Court, instituted an action in the Edo State High Court, Benin City against the appellant as the defendant herein claiming as follows:

“(a) An order for the payment of the sum of ₦2,189,654:00 (two million, one hundred and eighty nine thousand, six hundred and fifty four naira) being the amount standing to the debit on Account No.601091242 as at 31 March 2002 due to plaintiff from the defendant by virtue of contract of Guarantee entered into between the parties on 3 April 1989 at the request of the defendant in respect of the said account operated by Chief S.E Okonofua, trading as Stesok Enterprises to secure overdraft facilities from the plaintiff and which facilities the said Chief Okonofua and the defendant have failed, neglected and or refused to pay despite repeated demands by the plaintiff within the jurisdi…

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