KOLO
V.
FIRST BANK OF NIGERIA PLC.

NZEAKO, JCA (Delivering the Lead Judgment): On the 25th day of March, 1998, the High Court of Justice Plateau State presided over by Dakyen J., sitting in Jos delivering 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 the 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 argum…