(1993) JELR 79352 (CA)    
Court of Appeal  ·  23 Mar 1993 ·  Nigeria
Other Citations
B.O.N. v. Ojeba Ltd (1993) 4 NWLR (Pt. 289) 597
OKAY ACHIKE, J.C.A. (Presided), MURITALA AREMU OKUNOLA, J.C.A. (Read the Leading Judgment), MOHAMMED MAHMOOD, J.C.A.
Core Terms Beta
learned trial judge
suo motu
appellate court
issue of fraud
lower court
3rd defendants
above poser
matter suo motu
proper order
suit no. kws
1st defendant
anor v bello a.d. lajinfin
appellant mr. j.w. iroju
court suo motu raises
current account no.
customer of the plaintiff
directors of the 1st defendant
effect of a decision
ejidike v obiora
end of trial
facts of this case
following issues
high court of kwara state
high court of okene
judgment of hon. justice s.a. olagunju
kuti v balogun
leading judgment
learned trial judge reach
legal procedure
limited company
limited liability company
main issue
motu raise
obikoya v wema bank ltd
only ground of appeal
right decision
s.a. adebanjo v
similar issues
such circumstance
sunday nwosu v board of customs
supreme court
technical point
united bank
way of reply mr. f. folaranmi

OKUNOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice S.A. Olagunju sitting in the High Court of Kwara State, Okene delivered on 27/3/86 in Suit No. KWS/OKHC/43/33.

The facts of this case briefly put are as follows:-

The plaintiff/appellant is a limited liability Company incorporated in Nigeria and carrying on the business of Commercial bankers with its Head Office at Kano, Nigeria. The 1st defendant, a limited company at Okene, is a customer of the plaintiff/appellant operating a current account No. 50195 with the Bank while the 2nd and 3rd defendants are directors of the 1st defendant who are signatories to the said 1st defendant's account with the plaintiff/appellant. Between May 1980 and September, 1983 the plaintiff granted to the defendants overdraft facilities to the tune of N179,187.84k including interests accruing thereon.

The plaintiff/appellant sued the defendant/respondent in the High Court of Okene after the defendant/respo…

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