POLARIS BANK
V.
BADMUS & ANOR.

(2022) JELR 109129 (CA)    
Court of Appeal  ·  CA/AK/283/2014 ·  21 Jan 2022 ·  Nigeria
CORAM
Rita Nosakhare Pemu, JCA James Gambo Abundaga, JCA Yusuf Alhaji Bashir, JCA
Core Terms Beta
appellant
1st respondent
evidence
trial court
bank guarantee
exhibit p24
dangote plc
cogent evidence
learned trial judge
counter-claimant
cross-examination
oath of dw2
state of the law
1st defendant
2nd defendant
amended statement of claim
appellant counter
delivery of the said exhibit
different dates
interest rates
issues
particular circumstance of this case
1st respondent account
appellant of various breaches
bank guarantee overdraft facility
business woman
conduct of the appellant
court of trial
decision of the high court of osun state
decision of the trial court
exhibit p1-p
fifty three million naira
full trial
huge number of documents
learned appellant counsel
letters of offer
manufacturer of dangote
order of this court
overdraft account
records of appeal volume
requirements of the agreement
respondent’s counsel
respondent’s property
respondents reliefs
respondent working capital
spurious bank charges
term loan
various credit facilities
written document

YUSUF ALHAJI BASHIR, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Osun State sitting in Oshogbo presided by Hon. Justice S. O. Falola delivered on the 31st day of October, 2014 granting the Plaintiffs/Respondents reliefs and/or claims contained in her Amended Statement of Claim dated 18th day of April 2012. See page 644-661 of the records of appeal volume two (2).

The 1st Respondent is a business woman, a merchant and a major distributor for Dangote Plc. Manufacturer of Dangote refined sugar among other products.

Whereas the Appellant is a Banking Institution to whom the 1st Respondent is a longstanding customer who in the course of their business relationship enjoyed various credit facilities secured by a Legal Mortgage on the Respondent’s property at Osogbo. The 1st Respondent contended that she has never defaulted in her repayment obligation

​That sometimes on the 13th day of March, 2009 or thereabout the Appellant granted the 1st …

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