(1988) JELR 43863 (SC)    

Supreme Court  ·  SC.69/1986 ·  4 Mar 1988 ·  Nigeria
Other Citations
Oguma v. I.B.W.A. (1988) NWLR (Pt.73)658
KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABDUL GANIYU OLATUNJI AGBAJE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria
Core Terms Beta
defendant company
plaintiff bank
trial court
lower court
evidence act
court of appeal
amended statement of claim
learned trial judge
provisions of section
statements of account
civil procedure
exhibit g
date of the original writ of summons
following cases
bendel state
contents of a document
original writ of summons
paragraphs of subsection
said exhibit
a. g. o. agbaje
amended statement of defence
assistant manager of the plaintiff bank
attention of counsel
case exh
course of his evidence p.w.1
court of appeal coram eboh
decision of the learned trial judge
defendant account
defendant company opuna associated company
exhibits band b1
inspite of the opposition of counsel
international bank
leading judgment
learned trial judge agege j.
mr. sogbesan s.a.n.
order of court
police file
r.3 of the high court
raise objection
said exhibit g
said issue
sum of n1,155
true copies of the statements
various cases
warri high court
way of loan

A. G. O. AGBAJE, J.S.C. (Delivering the Leading Judgment): The Plaintiff Bank, International Bank for West Africa Ltd. sued the Defendant Company Opuna Associated Company (Nig.) Ltd. in a Warri High Court in Bendel State. By its original writ of summons filed in May, 1978, the Plaintiff Bank claimed against the Defendant Company the sum of N1,155 695.46 (One Million, One Hundred and Fifty Five Thousand Six Hundred and Ninety Five Naira, Forty-Six Kobo) being balance of money had and received by the Defendants for their use at their own request, by way of loan, over draft accommodating and/or facilities from the Plaintiffs who are Bankers. Pursuant to an order of court made by the learned trial Judge Agege J. the Plaintiff Bank was allowed to amend the claim against the Defendant Company to read the sum N1,542,294,32 and the sum of money was said to be due from the Defendant Company to the Plaintiff Bank as at 28th January, 1981 on the loan transactions between the Plaintiff and the De…

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