(1975) JELR 46233 (SC)    

Supreme Court  ·  SC.458/1974 ·  16 May 1975 ·  Nigeria
Other Citations
OKAFOR v. JALLO (1975) 5 S.C. (REPRINT) 81
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
third party
ekhnatone ltd.
learned trial judge
limited liability company
cement business
widi jallo
african continental bank ltd.
b.o. okafor
ekhnatone limited
main action
third party notice
a. fatayi-williams
behalf of the buyers
close of the case
company ekhnatone ltd.
contract agreement
defendant claims
ekhnatone ltd
high court
joint liability of the defendant
leading judgment
liability of the said third party
mr. b. obiora okafor
mr. ibrahim mikawi
name of the person
name of ugonna okafor
particulars of the claim of the plaintiffs
payment of the said judgment debt
plaintiffs statement of claim
pursuance of this cement transaction
registration of the company ekhnatone ltd.
respect of the said loan
result of a business transaction
said amendment
said amount
said mr. b.o. okafor
said third party
service of this third party notice
statement of defence
view of the averment
whole money

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In an action commenced as an undefended suit in the High Court, Lagos, on 22nd August, 1972, the African Continental Bank Ltd., as plaintiffs, claimed from Widi Jallo (who carries on business as Widi Jallo and Sons) as defendant the sum of 46, 413.3.6d. (N92,826.36K) being money lent by the plaintiffs as bankers to the defendant at the defendant's request, and the interest due from the defendant to the plaintiffs in respect of the said loan. The plaintiffs also claimed additional interest on the said amount at the rate of 9 per centum per annum compound interest from the 31st day of July, 1972 until judgment and thereafter at the rate of 5 per centum per annum until payment of the said judgment debt.

The defendant was not served with the writ until some time in April, 1973. On 19th April, 1973, he gave notice to the court of his intention to defend the claim. On 7th June, 1973, the defendant filed a Third Party Notice in Co…

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