(2000) JELR 45798 (CA)    

Court of Appeal  ·  CA/E/20/99 ·  29 May 2000 ·  Nigeria
Other Citations
Obi v. N.M. Comm. Bank Ltd. (2001) 2 NWLR (Pt.696)113
Obi v. N.M. Comm. Bank Ltd. (2001) 2 NWLR (Pt. 696) 113
EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
notice of intention
undefended list
triable issue
general cause list
learned trial judge
writ of summons
offer of banking facility
account no.
respect of account no.
rules of this court
anambra state high court rules
brief of argument
interest rate
overdraft facilities
rate of interest
separate accounts
trial court
3rd issues
classic example of proliferation of issues
copy of letter of demand
filing of further affidavits
high court rules
leading judgment
leave of the court
original grounds of appeal
part of the respondent
pendency of suit
principal sums of the overdraft facilities
process of service of the writ
pronouncement of the learned trial judge
respect of the interests
spite of the fact
standard bank nigeria ltd.
starting point
undefended list action
various assertions of the defendant

OLAGUNJU, J.C.A. (Delivering the Leading Judgment): In an action instituted by the respondent as the plaintiff against the appellant for recovery of debt on the undefended list at the Nnewi Judicial Division of the Anambra State High Court judgment was given for the respondent on the ground that the notice of intention to defend the action filed by the appellant disclosed no triable issue or any defence on the merit. The decision was preceded by filing of further affidavits by both parties followed by lengthy addresses by counsel and adjournments at the end of which the learned trial Judge reviewed and evaluated the affidavit-evidence on which the counsel's addresses were predicated before overruling the notice of intention to defend and entered judgment for the respondent as per her writ of summons except for pruning down the interest claimed on the debt.

Dissatisfied with the judgment the appellant filed 5 original grounds of appeal and later with leave of the court filed 3 additio…

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