(2004) JELR 45066 (CA)    

Court of Appeal  ·  CA/I/267/2001 ·  13 Jul 2004 ·  Nigeria
Other Citations
Onadeko v. U.B.N. Plc. (2005) 4 NWLR (Pt.916)440
SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria VICTOR AIMEPOMO OYELEYE OMAGE Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
cause of action
undefended list
trial court
exhibits b
leave of court
order of injunction
statement of claim
loan of n30,000.00
oral evidence
civil procedure
deed of legal mortgage
exhibit a
grounds of appeal
ijebu-igbo ogun state
judgment of the trial court
notice of appeal
order of this court
sum of n482,614.16
support of the summons
absence of counsel
case of the respondent
claim of the respondent
date of judgment
demand notice
final liquidation of the debt
good cause
hearing of this appeal
high court of ijebu-ode
ijebu-igbo high court
judgment of ogun state high court of justice
leading judgment
line of action
mere fact
notice of defence
raising issue of limitation law
relevant paragraphs
request of his counsel
respect of cases
rules of the court of appeal
suit no.hc
support of the writ
union bank of nigeria

ADEKEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Ogun State High Court of Justice - Ijebu-Ode Judicial Division, delivered on the 6th of July, 1999. This judgment emanated from suit No.HC/119/97 which was heard under undefended list and the lower court awarded judgment to the respondent in the sum of N482,614.16 with interest at the rate of 21% per annum from the 1st of November, 1997, until the date of judgment and thereafter, interest at the rate of 10%, until final liquidation of the debt. The plaintiff before the lower court, the Union Bank of Nigeria, stated in affidavit sworn to by Tajudeen Adesegun Ajibade, an appraisal officer of the bank that the defendant - Samuel Tele Onadeko, was a customer at Ijebu-Ode branch. In the course of their bank and customer relationship - the defendant took a loan of N30,000.00, sometime in 1983. The plaintiff secured the loan by mortgaging its landed property at No.2 Oriwu Street, Atikori, Ijebu-Igbo …

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