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(2011) JELR 44597 (CA)    

Court of Appeal  ·  CA/I/151/08 ·  8 Dec 2011 ·  Nigeria
CORAM
STANLEY SHENKO ALAGOA Justice of The Court of Appeal of Nigeria OFR Justice of The Court of Appeal of Nigeria ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellants
appeal
defendants
5th march
amended notice of appeal
counsel
learned trial judge
lower court
notice of intention
particulars of error
additional grounds of appeal
motion ex-parte
return date
suit no. fhc
favour of the respondent
ogun state
proper service of the originating processes
reason
record of appeal
21st february
akintola a. a.
application ex-parte
brief of argument
case of winlyn v. nacb consultancy
court order
decision of the federal high court
determination of this suit
following issues
fuller reasons
fuller understanding of the discourse
gateway paper products nig
grant of an order of court
high court
judgment of olateregun j. of the high court
justice abeokuta
leading judgment
notice of appeal
olujumobi orioye
part of the decision of the lower court
per cent
present respondent
said notice of appeal
said suit
said sum of n53
subject matter of this appeal
sum of n53

STANLEY SHENKO ALAGOA, J.C.A., OFR (Delivering the leading Judgment): This is an appeal against the Judgment of Olateregun J. of the High Court of Justice Abeokuta, Ogun State in Suit No. FHC/AB/CS/3/2007 delivered on the 5th March 2007. In the said Suit the present Respondent as Plaintiff claimed against the Appellants as Defendants as follows -

1. The sum of N53, 499,436.12 being the outstanding balance due to the Plaintiff from the Defendants as at 30th June 2005 arising from the contract finance facility granted the 1st Defendant by the Plaintiff and guaranteed by the 2nd Defendant on the 9th January 2001.

2. Interest on the said sum of N53, 499,436.12 at the agreed rate of 22.5 per cent per annum from the 30th June 2005 until judgment and thereafter at the same rate until final liquidation.

Following an application ex-parte by the then Plaintiff (now Respondent) the case was placed under the undefended list and the 5th March 2007 was fixed by the trial High Court as the return da…

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