TANI YUSUF HASSAN, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court, Lokoja in Suit No. FHC/LK/CS/33/2012, delivered on the 17th of December, 2012 by Hon. Justice I. E. Ekwo.
The respondent as plaintiff at the lower Court instituted an action against the appellants as defendants under the undefended list dated and filed on the 4th of July, 2012 as reflected at pages 70 -72 of the record. The appellants upon being served with the Writ filed a Memorandum of conditional appearance dated and filed on 2nd November, 2012 and a Notice of Intention to defend also dated and filed on 2nd November, 2012 as shown at pages 160 - 161 and 162 - 164 of the record respectively.
Briefly the facts of the case are that the 1st appellant obtained a loan facility from the respondent's Bank in the sum of N84,364,761.86k for the welfare of their members sometime on 16th September, 2010 for a period of 13 Months. The 2nd appellant secured and guaranteed the …