(1977) JELR 49359 (SC)    

Supreme Court  ·  SC.337/1975 ·  7 Jul 1977 ·  Nigeria
Other Citations
ARAB BANK (Nig.) Ltd. v. DANTATA (1977) 7 S.C. (REPRINT) 25
DARNLEY A. R. ALEXANDER Justice of The Supreme Court of Nigeria ATANDA FATAYI WILLIAMS Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
exhibit a
learned trial judge
said company
condition precedent
printing factory limited
present action
consideration of the plaintiffs
high court of kano state
kano dyeing
mortgage deed
overdraft facilities
sum of n43,647
unsecured creditors
1st p1
above quoted cases
administration bond
a. fatayi-williams
bank account
bank loan
bank of n130,942
cases of hansard v
common ground
consideration of the defendant inter alia
c. personal guarantees
director of kano dyeing
executing surety
first guarantor
following grounds
guarantors of exhibit a
joint surety
leading judgment
life insurance policy
limited liability company
loan contract
mr. taysir a. sharaf
plaintiffs of all sums
proportion of the total debt due
ratio decidendi of both cases
said kano dyeing
said written contract
support of the first ground of appeal
tlr p
total dividends
written agreement
xxx xxx xxx xxx xxx

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In these proceedings commenced in the High Court of Kano State, the plaintiffs (now appellants) claimed from the defendant -

"the sum of N43,647 under a contract in writing dated 30th September, 1972, whereby the defendant agreed, in consideration of the Plaintiffs granting overdraft facilities to the Kano Dyeing and Printing Factory Limited, to guarantee the payment to the plaintiffs of all sums due by the Kano Dyeing and Printing Factory Limited to the plaintiffs, the said Kano Dyeing and Printing Factory Limited having gone into voluntary liquidation as at 27th August, 1973, and having been due the sum of N174, 589 to the plaintiffs as at that date, which sum is still due and owing to the plaintiffs".

Paragraphs 3 to 10 of the plaintiffs' amended Statement of Claim read -

"3. The defendant was a Director of Kano Dyeing and Printing Factory Limited, a limited liability company incorporated in Nigeria and having its head o…

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