(2000) JELR 44128 (CA)    

Court of Appeal  ·  CA/K/146/95 ·  27 Jan 2000 ·  Nigeria
Other Citations
Cash Affairs Finance Ltd. v. Inland Bank (Nig.) Plc (2000) 1 NWLR (Pt.658)685
Cash Affairs Finance Ltd. v. Inland Bank (Nig.) Plc (2000) 5 NWLR (Pt. 658) 568
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria
Core Terms Beta
undefended list
writ of summons
civil procedure
kaduna state high court
2nd defendant
trial court
learned trial judge
learned counsel
legal adviser
evidence act
grounds of appeal
1st defendant
30th day of november
finding of fact
affidavits of service
issue of service
registrar of the court
such evidence
absence of proof of proper service
close look
court interest
issue of improper service
judgment of the kaduna state high court
leading judgment
mr. michael okpere
cash affairs finance ltd respondent
chief nwafor duru
court process
decision of the trial court
determination of this court
ex parte
favour of the respondent
following reliefs
general rule
hearing of the summons
legal officer of the 1st appellant
opposing party of the institution of any proceeding
primary facts of the case
said debt of n5,357,780.82
said ground of appeal
second issue
suit no.kdh
sum total of n5
writ of summons culminatingin

OLUDADE OLADAPO OBADINA, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of the Kaduna State High court delivered on the 23rd of January, 1995 in favour of the respondent in suit No.KDH/15/95.

In the writ of summons issued on the undefended list, the respondent as plaintiff claimed against the defendant, now the appellants for the following reliefs:-

"(1) The sum total of N5, 357,780.82 (Five Million, Three Hundred and fifty-seven Thousand, Seven Hundred and Eighty Naira, Eighty Two Kobo) being the outstanding and unpaid debt owed by the 1st defendant to the plaintiff as at the 30th day of November, 1994, arising out of the simple contract premised on the Commercial paper Investment deposit placement made by the plaintiff with the 1st defendant on the 7th day of May, 1993 in the sum of N5,000.000 (Five Million Naira) at the interest rate of 45% per annum for a period of 90 days, which matured on the 5th day of August, 1993 the re-payment of which dep…

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