MIDAS BANK PLC
V.
COMMERCE PROGETTI (NIG) LIMITED

(2009) JELR 49275 (CA)    
Court of Appeal  ·  CA/PH/237/2005 ·  22 Apr 2009 ·  Nigeria
CORAM
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Court of Appeal of Nigeria Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellants
defence
respondent
plaintiff
high court
1st defendant
letters of credit
learned counsel
notice of intention
undefended list procedure
defendants
affidavit evidence
1st defendant company
triable issues
record of appeal
learned trial court
submissions of the learned counsel
undefended list
above facts
provisions of order
support of notice of intention
affidavit of the appellants
claims of the respondent
counter affidavit
counter-claim
date of judgment
overdraft facility of n7
plaintiff claims
2nd defendant
affidavit of verification of the above claims
cancelled portion of the letters of credit
clearing of the consignment
continental merchant bank plc
disclose of the counter claim
following issues
leading judgment
open letters of credit
order of the rivers state high court
particulars of the defence
processes of the case
ready made solution
respective submissions
rule of the civil procedure rules of that court
rules of the high court
said sum of n41
senior counsel
sum of n41
support of their different positions
terms of the respondents
unpaid outstanding import finance facility

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the leading judgment): The Respondent as plaintiff, had taken out a writ of summons against the Appellants as defendants, by the order of the Rivers State High Court, was entered under the undefended list pursuant to order 23 Rule of the Civil Procedure Rules of that Court, 1986 (hereafter be named 1987 Rules). The claims of the Respondent, as endorsed on the writ were as follows:-

"The plaintiff claims against the defendants jointly and severally the following reliefs:

1. The sum of N41, 993, 790. 22 (forty-one million nine hundred and ninety-three thousand seven hundred and ninety- naira twenty-two kobo) being the unpaid outstanding Import finance facility inclusive of the accrued interest as at 2/5/2003 which the plaintiff granted to the 1st defendant as at "its request and guaranteed by the 2nd defendant.

2. Interest on the said sum of N41, 993, 790.22 at the rate of 35% per annum with effect from 3/5/2003 till the date of judgment and ther…

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