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RHOR AND LUE NIGERIA LTD. & ANOR
V.
BANK OF THE NORTH LIMITED

(2007) JELR 48123 (CA)

Court of Appeal 4 Apr 2007 Nigeria
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Case Details

Suit Number:CA/A/254/05
Judges:RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria MARY U. PETER-ODILI Justice of The Court of Appeal of Nigeria CHID! NWAOMA UWA Justice of The Court of Appeal of Nigeria
Counsel:Samuel Zibiri For Appellant Akpama Ekwe For Respondent

MARY U. PETER-ODILI, J.C.A. (Delivering the Leading Judgment): The Appellants as defendants were sued by the Respondent who was plaintiff before the Abuja High Court of Justice for a liquidated money demand under the undefended list on the 24th September 2002. Judgment was entered on the 16th June 2005 in favour of the Respondent, after striking out the name of the 2nd Defendant before the lower court. The Appellants not satisfied with the judgment of the Court have appealed to the Court of Appeal.

The Respondent through a motion on notice seeking leave cross-appealed.

FACTS BRIEFLY STATE

The Appellants on the 4th day of July, 2001 applied for a loan of N19 million from the Respondent sequel to the discussion they had with the Abuja Branch Manager of the Respondent. As a result of the discussion, Exhibit AEE2 attached to the Respondent's affidavit in support of the writ of summons was written after the expiration of the said facility, the Respondent instituted this action under the u…

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