(2000) JELR 49541 (CA)    

Court of Appeal  ·  CA/J/24/97 ·  13 Apr 2000 ·  Nigeria
Other Citations
Edilco Nig. Ltd. v. U.B.A. Plc (2001) 2 NWLR (Pt.698)492
IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria JOSEPH JEREMIAH UMOREN Justice of The Court of Appeal of Nigeria ISA ABUBAKAR MANGAJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
university of jos
learned trial judge
senior counsel
iron pipes
counter claim
binding agreement
respondent bank
sharing formula
deeds of legal mortgage
proceeds of the sale of the pipes
reply brief
bank rate
briefs of argument
defendant bank
letter of offer
overdraft facility
sum of n400,000.00
university campus
agreed formula
appellant file
chargeable interest
claims of the appellant
concluding paragraph of its statement of claim
credit balance of n240,611.74
economic circumstances
evidence act
full trial
high court of plateau state
jos judicial division
judgment of ahinche j.
landed property
leading judgment
learned senior advocate
minutes of internal meeting of university
mr. ugwuala of counsel
result of series of meetings
said balance
share of the plaintiff
sharp differences parties
tenor of exhibits
unsigned documents

MANGAJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Ahinche J. (of blessed memory) sitting in the High Court of Plateau State, Jos Judicial Division wherein the claims of the appellant as plaintiff in suit No. PLD/317/91 were dismissed in their entirety and judgment entered for the defendant on his counter-claim but reducing the claim of 34% interest on the judgment debt to 21%, until the whole debt is liquidated. Dissatisfied with the decision, the plaintiff filed this appeal as can be seen from page 92 of the record of appeal in which the date of filing the notice and grounds of appeal are conspicuously not stated. On 6/11/97 however, the appellant moved a motion on notice seeking for the leave of this Court to amend and file an amended notice of appeal incorporating the proposed additional grounds of appeal, which was accordingly granted. In compliance with the leave granted therefore, the appellant on 10/11/97 filed seven grounds of appeal.…

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