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BARCLAYS BANK OF NIGERIA LTD.
V.
ABUBAKAR

(1977) JELR 46311 (SC)

Supreme Court 7 Oct 1977 Nigeria
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- The appellant (plaintiff) initiated proceedings against the respondent (defendant) in the High Court of Kano State. - The appellant claimed a sum of N43,334.48 as money lent and paid by the plaintiff as bankers to the defendant, along wit

Case Details

Suit Number:SC.335/75
Judges: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 DARNLEY A.R. ALEXANDER Justice of The Supreme Court of Nigeria
Counsel:M. A. Agbamuche Esq For Appellant J. B. Majiyagbe Esq For Respondent
Other Citations:(1977) All N.L.R 278 (1977) 10 S.C. 7

A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): In the High Court of the Kano State holden at Kano, the appellant as plaintiff initiated these proceedings claiming against the respondent as defendant.

"(1) The sum of N43,334.48 being moneys lent to and moneys paid by the plaintiff as Bankers to the defendant at his request and for interest on the moneys due from him and foreborne at his request and money found to be due from the defendant to the plaintiff;

(2) Interest at the rate of 10 percent per annum until judgment; and

(3) Interest at the rate of 5 per cent per annum from the date of judgment until the judgment is fully satisfied."

Pleadings were ordered and duly delivered and from the statement of claim, it is clear that the claim was founded on account stated. In particular, paragraph 4 of the statement of claim reads:

"The plaintiff in keeping with its practice with customers' account forwarded regular statements of account to the defendant has never queried the said …

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