FINBANK (NIG.) LTD
V.
YUSUNAB (NIG.) LTD.

(2011) JELR 54149 (CA)

Court of Appeal 20 Dec 2011 Nigeria
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- The appellant/plaintiff brought a claim under the undefended list procedure at the Kano State High Court seeking recovery of a debt (₦80,883,560.65) plus interest against the respondents/defendants, with judgment entered in the appellant’

Case Details

Suit Number:CA/K/291/2006
Judges:AMINA ADAMU AUGIE JCA (Presided) ABDU ABOKI JCA THERESA NGOLIKA ORJI-ABADUA JCA (Read the Lead Judgment)
Counsel:J. Gani, Esq. - for the Appellant. -*- Kayode Olatunji, Esq. - for the Respondent. E

ORJI-ABADUA JCA (Delivering the Lead Judgment): By the writ of summons dated 30 January 2004, the appellant, as the plaintiff at the trial High Court instituted civil proceedings against the respondents, as the defendants, under the undefended list procedure which is evidenced by the order of the trial court dated 5 February 2004 entering the same on the undefended list and fixing it for hearing on 12 February 2004. The reliefs sought by the appellant are as follows:

The sum of N80,883,560.65 (eighty million, eight hundred and eighty-three thousand, five hundred and sixty naira, sixty-fivekobo) only, being the amount outstanding against the first defendant’s account with the plaintiff as at 19 November 2003.

Bank interest at 31% per annum from 20 November 2003 till the date of judgment. 10% court interest from the date of judgment till the judgment debt is liquidated. Costs.

The record before this court attests to the fact that the 1st defendant , i.e. the 1st respondent in this appeal…

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