(2015) JELR 45518 (CA)    

Court of Appeal  ·  CA/A/119/2012 ·  26 May 2015 ·  Nigeria
MOORE A. A. ADUMEIN Justice of The Court of Appeal of Nigeria TANI YUSUF HASSAN Justice of The Court of Appeal of Nigeria JOSEPH E. EKANEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
undefended list
trial court
3rd defendant
instant case
notice of intention
2nd appellants
credit facility
favour of the respondent
lower court
return date
special procedure
undefended list matter
writ of summons
1st defendant
event of failure
high court of the federal capital territory
record of appeal
specific provision
trial judge
undefended list procedure
28th day of february
3rd appellant
circumstances of this case
civil procedure rules
constitution of nigeria
executive officer
exhibits p2
general provision of the rules
judicial powers
leading judgment
loan facilities
organ v. nigeria
plot no.83869
principal sum n10m
principal sum of n10m
said date
single issue
special rules
strategic studies
suit no. fct
suit of the respondent
tani yusuf hassan
title documents of the 3rd appellant
true intention of the parties
way of notice of appeal

JOSEPH E. EKANEM, J.C.A. (Delivering the Leading Judgment): The respondent granted loan facilities to the 1st and 2nd appellants to the tune of Ten Million Naira (N10,000,000:00) each. The loans granted to the 1st and 2nd appellants were secured by collaterals, namely; title documents of the 3rd appellant's land, Plot No.83869 (A) 32 Road C Close, Gwarinpa Estate, Abuja and Airport Road, Sabon Lugbe, which were deposited with the respondent.

The 3rd appellant (Managing Director/Chief Executive Officer of the 1st and 2nd appellants) gave a personal guarantee for the repayment of the loans. He also issued a post-dated cheque for Twelve Million Naira and signed a loan acknowledgement and transfer of title document.

Upon failure to repay the loan as agreed, the respondent took out a Writ of Summons in the undefended list against the appellants at the High Court of the Federal Capital Territory, Abuja Judicial Division, holden at Maitama in suit No. FCT/HC/CV/958/200 claiming as follows:


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