(2014) JELR 40039 (SC)    

Supreme Court  ·  SC.71/2006 ·  11 Apr 2014 ·  Nigeria
Other Citations
Obitude v. Onyesom Comm. Bank Ltd. (2014) 9 NWLR (Pt. 1412) 352
MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
Core Terms Beta
trial court
undefended list
general cause list
court of appeal
anambra state
notice of intention
date of judgment
high court
overdraft facility
4th day of september
exhibits d
learned trial judge
mr. s. c. ohajianya
personal account no.
respect of his property
supporting affidavit
supreme court
1st day of november
above stated suit
affidavit evidence of the parties
claims of the respondent
defendant fails
examples of such irregular transfers
exhibits b
exhibits c
following paragraphs
further admission of indebtedness
indebted accounts of the defendant
indebtedness of n7
judgment of the court of trial
leading judgment
less n1,000,000.00
previous admissions of the appellant
said debt
said overdraft
see exhibit f.
single issue
state of the statements of account
sum of n7,400,595.53k
supporting affidavit of the claim of the plaintiff
total payment of the judgment debt
various sums of money
view of the affidavit evidence

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): The Plaintiff/Respondent instituted this action against the Defendant/Appellant which was placed on the undefended list. The defendant/appellant filed an affidavit and Notice of Intention to defend the suit. At the end of the hearing based on the affidavit evidence of the parties, the learned trial judge entered judgment for the plaintiff/respondent in the sum of N7,400,595.53k (Seven Million, Four Hundred Thousand, Five Hundred and Ninety-Five Naira, Fifty-Three Kobo) less N1,000,000.00 (One Million Naira) paid by the defendant on 13/9/2002 during the pendency of this suit with interest at the rate of 5% per annum from the date of judgment until the total payment of the judgment debt.

Dissatisfied with the judgment the defendant appealed to the Court of Appeal also known hereafter as Court below, which dismissed the appeal, upholding the judgment of the Court of trial.

Not satisfied once more the Appellant has appeal…

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