(2005) JELR 45173 (CA)    

Court of Appeal  ·  CA/E/98/99 ·  14 Apr 2005 ·  Nigeria
Other Citations
Befareen Pharm. Ltd. v. A.I.B. Ltd. [2005] 17 NWLR (Pt.954)230
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria JA'AFARU MIKA'ILU Justice of The Court of Appeal of Nigeria
Core Terms Beta
undefended list
learned trial judge
triable issue
notice of intention
general cause list
trial court
weight of evidence
anambra state
bonafide issue
civil procedure
denial of fair hearing
high court
supporting affidavit
provision of order
sum of n21,076,931.87
african international bank ltd
appellants application
breach of the principle of fair hearing
cases of general securities
civil procedure rules
claim of the plaintiff
excessive interest charges
grounds of appeal
high court of justice
high court rules of anambra state
import loan facilities
issues of the appellants
judgment of the anambra state
leading judgment
naira eighty-seven kobo
naira import support loan
naira overdraft facility
only statement of account
outstanding balance of the overdraft
provisions of order
relevant paragraphs of the affidavit
required standard
respondent bank
suit no.0
support of the appellant
support of the foregoing particulars
time of hearing of this appeal
transfer of the suit

ADEKEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Anambra State, High Court of Justice, Onitsha Judicial Division, delivered on the 30/4/99, in suit No.0/42/99.

The claim of the plaintiff - The African International Bank Ltd are as follows:

(a) The sum of N21,076,931.87 (Twenty-one million, Seventy Six Thousand, Nine hundred and Thirty-one Naira Eighty-Seven Kobo) being the outstanding balance of the overdraft and import loan facilities granted to the defendant by the plaintiff.

(b) Interest on the said sum of N21,076,93 1.87 at the rate of 21% per annum with monthly rests from the 1st day of November, 1998, until the date of judgment.

(c) Interest at the rate of 5% per annum on the judgment debt from the date of judgment until the entire sum is finally liquidated.

The plaintiff filed an affidavit in support of the foregoing particulars to which were annexed eleven documents marked as exhs. A, B, B1, C, D1, D2, D3, E and F respectively. T…

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