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CLESON INVESTMENT LIMITED
V.
UNITY BANK PLC

(2023) JELR 111990 (CA)

Court of Appeal 1 Sep 2023 Nigeria
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- The Respondent/Plaintiff instituted an action under the Undefended List Procedure before the High Court of the Federal Capital Territory, Abuja, seeking repayment of a N50,000,000 loan (outstanding sum: N82,053,349.64), interests, and cos

Case Details

Suit Number:CA/A/52/2016
Judges:E. O. WILLIAMS-DAWODU, JCA UGOCHUKWU ANTHONY OGAKWU, JCA JAMILU YAMMAMA TUKUR, JCA
Counsel:Mr. E. I. Esene with Ms. ljeoma Madu for the Appellant; Dr. Gospel Adams for the Respondent.
Location:Abuja

E. O. WILLIAMS-DAWODU, JCA (Delivering the Leading Judgment): This is an appeal against the Judgment of the Federal Capital Territory delivered by Hon. Justice D. Z. Senchi as he then was on December 16th 2015, wherein claims 1, 2 and 3 of the Respondent/Plaintiff were granted.

At the Court below, the Respondent under the Undefended List Procedure sought the following reliefs against the Appellant:

"1. The sum of N82,053,349.64 only being the sum owed by the Defendant as at 3i5t March, 2014.

2. Interest on the said amount at the rate of 28% per annum from 31st March, 2014 until judgment is delivered.

3. 10% interest on the judgment sum from the date of judgment until judgment debt is liquidated.

4. Cost of this action."

The brief gist of the instant appeal is that the Appellant took a loan of Fifty Million (N50,000,000.00) Naira from the Respondent and according to the Appellant the interest rate was above the Central Bank's approved rate for banks and financial houses and the Respondent …

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