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OBICHI INVESTMENT & MANAGEMENT CONSULTANT LTD
V.
OLUCHUKWU MICRO FINANCE BANK

(2018) JELR 39317 (CA)

Court of Appeal 29 Mar 2018 Nigeria
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- The respondent (bank) sued the appellant (customer company) at the Onitsha High Court, seeking recovery of N22,947,144.56 as the debit balance due on an overdraft facility, plus contractual interest, in respect of account no. 010110200002

Case Details

Suit Number:CA/E/256/2014
Judges:IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria
Counsel:P. U. Onwuakpa, Esq. For Appellant Obi Anizoba, Esq. (JP) For Respondent

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Onitsha High Court of Anambra State, delivered on the 19th day of March, 2014 in suit No. 0/175/2009.

CONCISE FACTS

The suit, the subject matter of this appeal was instituted by writ of Summons dated 14th of May 2007 - Page 1 of the Record of Appeal.

In the amended statement of claim filed on the 9th of May 2012 Paragraph 19 thereof the plaintiff (Respondent in the present Appeal) claims against the defendants (Appellants in the present Appeal) as follows:-

1) The sum of the 22, 947, 144.56 being debit balance as at March 2009 in the overdraft facility the Plaintiff granted to the Defendant in Account No. 01011020000257 the Defendant has in the Plaintiffs bank.

2) 21% interest on 22,947, 144.56 from 1st April 2009 up to the date of Judgment.

3) 5% interest from the date of judgment until the judgment debt is liquidated.

Pages 117 119 of the Record of Appeal.

In paragraph 1 of the counter …

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