Customer Support

FIRST AMALGAMATED BUIDING SOCIETY LTD & ANOR.
V.
ALH. KUDIRAT IJAIYA IBIYEYE

(2007) JELR 33856 (CA)

Court of Appeal 13 Nov 2007 Nigeria
BriefBot icon

BriefBot Summary

Free

- The Respondent (Plaintiff) brought an action at the Kwara State High Court to recover money allegedly lent to the 1st Defendant, personally guaranteed by the 2nd Defendant, with claims for principal and accrued interest. The suit was comm

Case Details

Suit Number:CA/IL/65/2006
Judges:HELEN MORONKEJI OGUNWUMIJU JCA JUMMAI HANNATU SANKEY JCA IGNATIUS IGWE AGUBE JCA
Counsel:S. O. Jimoh Esq. For the Appellant; Toyin Oladipo Esq. For the Respondent.

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Kwara State High Court sitting at Offa delivered by Kawu, J. on the 25th day of July, 2006. The Respondent herein, who was the Plaintiff at the trial Court, had claimed from the Defendants, now Appellants, as follows:

a) "The sum of N7,899,122.00 being sum due and payable to the Plaintiff on the principal sum advanced by the Plaintiff as moneylender to the 1st Defendant and personally guaranteed by the 2nd Defendant and interest thereon as at 14/10/2004.

b) Interest on the said sum of N7,899,122.00 at the rate of 10% per month from 15/10/2004 to the date of judgment and thereafter at the rate of 10% per annum until the judgment debt is fully liquidated."

This suit was initially commenced at the lower court on the 'Undefended List'. Upon being served the processes of Court, the Defendants filed a Notice of Intention to defend the suit supported by an affidavit attached to whic…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.