(2002) JELR 44473 (CA)    
Court of Appeal  ·  CA/L/234/2000 ·  13 Jun 2002 ·  Nigeria
Other Citations
Chiefield (Nig.) Ltd. v. Orient Bank (Nig.) Plc [2004] 3 NWLR (Pt.860)251
Chiefield (Nig.) Ltd. v. Orient Bank (Nig.) Plc (2004) 3 NWLR (Pt. 860) 251
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
number of exhibits
leading judgment
lagos state high court
claim of the respondent
favour of the plaintiff
learned trial judge
allocation of foreign exchange
triable defence
further counter affidavit
sum of n346,096.87
provisions of order
considered ruling entered judgment
relevant documents
high court of lagos state
civil procedure
foreign exchange
respect of the defendant
sole issue
further claims interest
statement of defence
exhibit c
statement of claim
lower court
following terms
date of judgment
exhibit e
filing of form
further counter-affidavit
foreign exchange market
current account no.
application form
see jones v
mere purposes of delay
coxiam trading company limited
consideration of the bank
offer of foreign exchange
writ of summons
good defence
us dollars
combined effect of exhibits b
such remedy

GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal by the defendant against the ruling of Sahid (J.) of the Lagos State High Court in which judgment was given in favour of the plaintiff (now the respondent) on 11/2/1998. The learned trial Judge had upon the application by way of a specially endorsed writ, entered judgment in the sum of N346,096.87 with interest on the ground that the appellant had no triable defence to the action commenced as a specially endorsed writ.

The claim of the respondent against the appellant was in the following terms:-

The plaintiff's claim against the defendant is for the sum of N346,096.87 (Three hundred and forty-six thousand and ninety-six naira, eighty-seven kobo) being the principal sum and accumulated interest combined in respect of the defendant's current account No. 020200254 which was overdrawn to the tune of N109,000.00, in November, 1989 when the plaintiff remitted total sum of $64,000.00 (sixty-four thousand US dollars) in tw…

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