(2009) JELR 45799 (CA)    
Court of Appeal  ·  CA/A/53/M/04 ·  30 Mar 2009 ·  Nigeria
Other Citations
C.B. Ltd. v. Intercity Bank Plc (2009) 15 NWLR (Pt. 1165) 445 C.A.
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria UWANI MUSA ABBA-AJI Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd appellant
lower court
learned counsel
cause of action
nwlr part
loan agreement
record of appeal
statement of claim
1st appellant
reasonable cause of action
term loan agreement
judgment of the lower court
laws of the federation of nigeria
writ of summons
14th day of february
following cases
said term loan agreement
business of the company
instant case
limitation act cap
limited liability company
military administrator
11th day of december
a.g. oyo state
balance of the loan
brains ltd
case of mosojo
company ltd
conclusion of hearing
date of such acknowledgment
executive director of the 1st appellant
judgment of the high court of niger state
leading judgment
learned trial judge
legal right
liable therefor
murmansk state streamship line
ondo state
paragraph e
recovery of the 1st appellant
see lennards
uwani musa abba aji
wrongful act of the defendant

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Niger State in the Minna Judicial Division, delivered on the 11th day of December 2003 in Suit No: NSHC/M/69/2001: INTERCITY BANK PLC V. (1) CHARTERED BRAINS LTD (2) ABDUL ZUBAIR.

The Respondent as Plaintiff in the Court below had by paragraph 15 of its statement of claim against the Appellants as Defendants claimed as follows:-

"Whereof the Plaintiff claims the sum of N7,460,259.85K being the balance of the loan (unpaid) granted by the Plaintiff to the Defendants with interest at 21% per annum from the date this suit was filed and thereafter 10% interest till the entire sum is fully liquidated."

At the conclusion of hearing, the learned trial Judge delivered Judgment in favour of the Plaintiff granting the relief sought.

The Defendants/Appellants being dissatisfied with the Judgment of the lower Court now appealed to this Court.

The Learned Counsel for the Appell…

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