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ANYAKWO
V.
A. C. B. LTD

(1976) JELR 42477 (SC)

Supreme Court 27 Feb 1976 Nigeria
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Case Details

Suit Number:SC.94/1975
Judges:ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria MAMMAN NASIR Justice of The Supreme Court of Nigeria
Counsel:Mr. A. O. Orakwusi For Appellant Mr. E. O. Echetabu For Respondent
Other Citations:ANYAKWO v. A. C. B. LTD (1976) 2 S.C. (REPRINT) 20

A. FATAYI-WILLIAMS, J.S.C.(Delivering the Leading Judgment): The plaintiffs, now respondents, are a commercial bank with their registered office in Lagos. The defendant, now appellant, is a customer of the plaintiffs and maintains a current account at the Martins Street Branch of the plaintiffs.

In the proceedings which they commenced in the High Court of Lagos State, the plaintiffs, as bankers, claimed against the defendant the sum of 67,883.5.3Pounds being money lent by them to the defendant at interest at the defendant's request. The said sum represented the amount outstanding in the defendant's current account as debit balance. The plaintiffs also claimed interest at the rate of 9% from the date of the issue of the writ until judgment or until payment is made.

The claim was originally filed as "undefended" but the defendant, within the time prescribed in Order 3 rule 11 of the old Supreme Court (Civil Procedure) Rules, gave due notice of his intention to defend the action. Pursuan…

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