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MINISTRY OF AGRICULTURE, KATSINA STATE
V.
GTB & ANOR

(2018) JELR 39244 (CA)

Court of Appeal 2 Mar 2018 Nigeria
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- The 1st Respondent (Guaranty Trust Bank PLC) sued the 2nd Respondent (primary borrower) and the Appellant (Ministry of Agriculture, Katsina State, as guarantor) at the Federal High Court, seeking to recover the outstanding balance of a N1

Case Details

Suit Number:CA/K/107/2016
Judges:OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria OLUDOTUN ADEBOLA ADEFOPE-OKOJIE Justice of The Court of Appeal of Nigeria AMINA AUDI WAMBAI Justice of The Court of Appeal of Nigeria
Counsel:Abu Umar (Senior State Counsel) For Appellant N.E. Asuquo for 1st Respondent.No representation for 2nd Respondent. For Respondent

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, sitting at Katsina, delivered by Hon. Justice B.G. Ashigar on the 23rd February 2015, in favour of the 1st Respondent, Guaranty Trust Bank PLC.

The brief facts of this case are that the 1st Respondent, as Plaintiff before the lower Court, instituted an action in the Undefended List against the 2nd Respondent, as the primary lender and the Appellant, as the Guarantor, of a Bank loan of N100 Million, for the supply of Jinseng motor cycles to members of staff of the Appellant. In protest against the action, the Defendants therein filed preliminary objections challenging the jurisdiction of the lower Court to entertain the suit, as well as applications by both Defendants for extension of time to file Notices of Intention to defend the action, with accompanying affidavits. The Appellant filed in addition a motion for extension of time to file a Conditio…

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