Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2002) JELR 44705 (CA)    

Court of Appeal  ·  CA/J/24/2000 ·  11 Apr 2002 ·  Nigeria
Other Citations
Kolo v. F.B.N. Plc. [2003J 3 NWLR (Pt.806) pg. 216
Kolo v. F.B.N. Plc. (2003) 3 NWLR (Pt. 806) 216
ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria ISA ABUBAKAR MANGAJI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
cause of action
learned trial judge
oral evidence
statement of claim
miscarriage of justice
decision of the court
points of law
grounds of appeal
leading judgment
military governor
sole issue
trial judge
demand letter
notice of preliminary objection
respondent bank
supreme court
above facts
briefs of argument
case of bank of the north v
case of money
case of nwadiaro v
court of appeal rules
court suo motu raises
customer of the respondent
exhibit h.
facts of this matter
general cause list
high court of justice plateau state
issue of law
laws of nigeria
notice of intention
part of the respondent
point of view of both parties
present case
said denial
said ruling
savings account
see lloyds bank ltd. v
statement of account of the appellant
submission of counsel
suit no. pld
trial judge ought

NZEAKO, JCA (Delivering the Leading Judgment): On the 25th day of March, 1998, the High Court of Justice Plateau State presided over by Dakyen, J., silting in Jos delivered a ruling in suit No. PLD/J7/1997 filed on 9/1/97 on the undefended list. In the suit, the plaintiff claimed from the defendant the sum of N85,637.63 arising from credit facility granted the defendant by the plaintiff, a bank carrying on banking business in Nigeria. The plaintiff also claimed interest on the sum at the rate of 21% per annum from 1/6/96 till the date of judgment, and at 10% from the date of judgment till payment.

The defendant filed a notice of intention to defend the action. The court then transferred the matter to the general cause list, after fully considering same.

Parties filed and exchanged pleadings. The defendant also filed a notice of preliminary objection to the suit with an affidavit in support. The objection was to the effect that the action was statute barred.

The court below heard argu…

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