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CHARNELL BROTHERS TRADING CO. (NIG) LTD
V.
AMCON

(2022) JELR 110244 (CA)

Court of Appeal 18 Mar 2022 Nigeria
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- The appellant filed an appeal against the judgment of the Kano State High Court, which dismissed their claims and granted the counter-claim by the respondent. - The appellant's claims included declarations of excessive interest and unauth

Case Details

Suit Number:CA/KN/133/2020
Judges:Ita George Mbaba Boloukuromo Moses Ugo Abubakar Muazu Lamido
Counsel:ISHAKU Y. HALIRU, ESQ.For Appellant(s) SEBASTINE OKOYE, ESQ.For Respondent(s)

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellant filed this Appeal on 11/09/2019, as per the Notice of Appeal on pages 1169 to 1175 of the Records of Appeal, disclosing 9 (nine) grounds of Appeal against the judgment of the Kano State High Court in Suit No. K/15/2015, delivered on 18/7/2019 by Hon. Justice Usman Mallam Na’abba, wherein the learned trial Judge dismissed the reliefs sought by the plaintiff (now Appellant) and granted the counter-claim by the Defendant (now Respondent).

At the trial Court, the claims of the Appellant were as follows:

i. A declaration that the Bank is not entitled to charge excessive interest and make unconventional and unauthorized charges on the overdraft facility contrary to the Central Bank of Nigeria Monetary Policy Circulars or Guidelines 2002, 2004.

ii. A declaration that the Bank is entitled to pay to the plaintiff excessive interest, unauthorized and unconventional charges made on the overdraft facility together with the accrued…

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