Ratio DecidendiRatio DecidendiRatio Decidendi



MACAULAY
V.
NAL MERCHANT BANK LTD

(1990) JELR 45327 (SC)    

Supreme Court  ·  SC.186/1986 ·  29 Jun 1990 ·  Nigeria
 · 
Other Citations
Macaulay v NAL Merchant Bank Ltd (1990) 4 NWLR (Pt.144) 283 (1990) 6 S.C 206
Macaulay v. NAL Merchant Bank Ltd. (1990) 4 NWLR (Pt. 144) 283
CORAM
AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
defendant
summary judgment
case
statement of defence
order
fair dispute
court of appeal
statement of claim
writ of summons
sum of n93,490.95
final judgment
plaintiff bank
trial of this action
following relief
said terms
term loan of n70,000.00
above order of adeniji
aforesaid letter
allegation of facts
cause of action
clear days
construction of the terms
copy of the affidavit
facts of this case
failure of the defendant
form of a term loan
hearing of any application
lagos high court
lagos high court registry
lagos state high court rules
leading judgement
main issue
meaning of the loan terms
mr. a. a. macaulay
normal course of plaintiff
prima facie case
prior authority
relevant documents
said letter
said sum of n93
such remedy
sum defendant

A.O. AGBAJE, JSC: (Delivering the Leading Judgement): The plaintiff bank, NAL Merchant Bank Ltd., sued the defendant, Mr. A. A. Macaulay in a Lagos High Court claiming against him as follows:

The plaintiff's claim against the defendant is for the sum of N93,490.95 (Ninety three thousand, four hundred and ninety naira, ninety-five kobo) being the amount due and payable by the defendant to the plaintiff as at 30th September, 1984 for money lent in form of a term loan to the defendant at the defendant's request in the normal course of plaintiff's business as a banker together with interest and the usual bank charges thereon, which sum defendant has refused and neglected to pay A in spite of repeated demands.

And the plaintiff also claims interest on the said sum of N93 ,490.95 at the rate of 91/2% per annum from 1st October, 1984 until judgment and thereafter at the rate of 91/2% per annum until final liquidation of the whole debt together with costs.

The writ of summons containing the c…

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