(2006) JELR 40280 (CA)    

Court of Appeal  ·  CA/K/148/2001 ·  21 Feb 2006 ·  Nigeria
Other Citations
E.B.N. Ltd. v. Halilco (Nig.) Ltd. (2006) 7 NWLR (Pt.980) pg.568
ABUBAKAR ABDULKADIR JEGA Justice of The Court of Appeal of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Court of Appeal of Nigeria OLUKAYODE ARIWOOLA Justice of The Court of Appeal of Nigeria
Core Terms Beta
decision of kano state high court
writ of summons
high court
lower court
facts of this case
issue of a writ of summons
respect of a claim
rules of kano state
record of proceedings
favour of the respondent
provisions of order
preliminary objection
civil procedure
triable issues
face of the writ of summons
grounds of appeal
court of appeal rules
learned trial judge
decision of the lower court
leading judgment
qualifications of the members of the bench
notice of appeal
issuance of a writ of summons
said decision
following grounds
party raises
affidavit evidence
instant case
rules of this court
competence of the appeal
incompetent grounds of appeal
grounds of the above first objection
required application
above issues
long list of decided cases
trial judge
due process of law
relevant documents
own brief of argument
competent writ of summons
registrar of court
plaintiffs claim
slightest doubt
undefended list
civil proceedings

ARIWOOLA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Kano State High Court presided over by Hon. Justice Tani Yusuf Hassan. The said decision was given on the 2nd day of April, 2001 in favour of the respondent in an action instituted by the respondent.

The action was commenced pursuant to Order 23, High Court (Civil Procedure) Rules of Kano State, 1988 under the "undefended list" procedure.

The facts of this case from the affidavit evidence are that the respondent as plaintiff in the lower court was a customer to the appellant who defended the case as respondent's banker. The respondent claimed to have made two (2) separate lodgements of N500,000.00 (Five Hundred Thousand Naira Only) each into its bank account with the appellant. The lodgements were said to have been made on 31/12/98 and 06/01/99 respectively. But sometime later, the respondent discovered that only one lodgement was credited to its account.

When efforts to get the appellant to…

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