NEW NIGERIA BANK LTD.
V.
EDOMA & ORS.

(2000) JELR 44084 (CA)    

Court of Appeal  ·  CA/B/237/91 ·  12 May 2000 ·  Nigeria
 · 
Other Citations
New (Nig.) Bank Ltd. v. Edoma (2001) 1 NWLR (Pt.695)535
New (Nig.) Bank Ltd. v. Edoma (2001) 1 NWLR (Pt. 695) 535
CORAM
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria BABA ALKALI BA’ABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
plaintiff
2nd defendant
1st respondent
c3
appeal
parties
counsel
evidence
letter
learned trial judge
1st defendant
board
defendants
error
issue
3rd respondent
exhibit
grounds of appeal
trial court
learned counsel
c2
23rd day of march
amended statement of claim
basis of exhibit c2
c1
chief executive officers of the appellant
complete agreement
conduit pipe
documents exhibits c2
e. akpomudjere
event of the failure of 1st defendant
exercise books
facts of this case
following issues
institution of this appeal
issue of the capacity of the managers
j. a. edoma
judgment of the bendel state high court
leading judgment
letter exhibit c2
main function of an appeal court
managers of the 1st defendant
new nigeria bank limited
notice of appeal
respective briefs of argument
said sum of n139,036.78

BA'ABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Bendel State High Court sitting in Benin Judicial Division delivered on 23/3/89 in suit No.B/22/87. The 1st respondent who was the plaintiff before the trial court claimed against the appellant who was the 2nd defendant in paragraphs 19 and 20 of the amended statement of claim as follows:-

"(i) Whereof the plaintiff claims the said sum of N139,036.78 and interest at the rate of 6% per annum from 20th October, 1981 until the whole debt is paid off.

(ii) The plaintiff can pay the amount claimed plus interest and costs."

Pleadings were ordered, amended and exchanged by parties. The parties called no witness but their counsel consented to admit all documents presented by the plaintiff/1st respondent. Thereafter, counsel addressed the court.

The learned trial Judge, E. Akpomudjere, J. delivered judgment on the 23rd day of March, 1989 and inter alia held:

"I am satisfied that the plaintiff has p…

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