NIKI TOBI Justice of The Supreme Court of Nigeria
GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria
MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria
FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria
JAMES OGENYI OGEBE Justice of The Supreme Court of Nigeria
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learned trial judge
contents of affidavit of service
judgment of the trial court
facts of this case
service of an originating process
matter of service of writ
issue of jurisdiction
grounds of appeal
writ of summons
court of appeal
finding of the learned trial judge
sufficient proof of service of the writ
customers of the defendant merchant bank
high court rules of anambra state
trial high court
onitsha judicial division of the high court of anambra state
affidavit of service
notice of appeal
evidence of service
six-paragraph claim runs
laws of the federation of nigeria
service of the writ of summons
issue of service
judgment of the learned trial judge
instant case shows
issue suo motu
prima facie proof of service
decision of the supreme court
briefs of argument
appellants' second issue
F.F. TABAI, J.S.C (Delivering the Leading Judgment): This action was commenced at the Onitsha Judicial Division of the High Court of Anambra State on the 6/8/98, when the Writ of Summons was issued. The appellants herein were the plaintiffs. The respondent herein was the defendant. The six-paragraph claim runs thus:-
The plaintiffs are customers of the defendant Merchant Bank which carries on merchant banking business in big cities of Nigeria including Onitsha.
2. By confirmation notice given to the plaintiffs by the defendant, the defendant is indebted to the plaintiffs to the tune of ₦2,385,716.75 (Two Million, Three Hundred and Eighty Five Thousand Seven Hundred and Sixteen Naira, Seventy Five kobo).
3. The defendant merchant bank has failed to pay interest as agreed or at all.
4. The interest rate which is fixed at the rate of 15% per annum is usually withheld by the defendant and was only paid twice in recent years.
5. Despite repeated demands by the plaintiffs for the def…
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