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STB LTD.
V.
INTERDRILL NIGERIA LTD. & ANOR.

(2006) JELR 41159 (CA)

Court of Appeal 6 Jun 2006 Nigeria
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- The plaintiff/appellant Standard Trust Bank Ltd sued the defendants/respondents, Interdrill Nigeria Ltd and its guarantor Joseph Bogwu, for the outstanding debt of N17,835,802.67 plus contractual interest on an overdraft facility, after t

Case Details

Suit Number:CA/B/143/2004
Judges:PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria
Counsel:MR. A.V. Etuwewe (with him Mr. S.E. F Agumor For Appellant MR. R.O. E. Ejeh For Respondent

PIUS OLAYIWOLA ADEREMI, J.C.A. (Delivered the Leading Judgment): This is an appeal against the judgment delivered on 5th December 2003 in the High Court of Justice, Delta State, Warri Judicial Division in suit No. W/76/2001: Standard Trust Bank Ltd v. Interdrill Nigeria Limited and Joseph Bogwu in which the trial judge dismissed the Plaintiff's case in toto. The plaintiff (hereinafter referred to as the appellant) had by a Writ of summons marked by the plaintiff/appellant "UNDEFENDED LIST" claimed against the defendants (hereinafter referred to as the respondents) jointly and severally as follows:

"1. The sum of N17,835,802.67 (Seventeen Million Eight Hundred and Thirty-Five Thousand, Eight Hundred and Two Naira Sixty- Seven Kobo) being the outstanding debit balance in the first defendant's account with the plaintiff as at 2nd February, 2001 which sum is due to the plaintiff from an overdraft facility granted to the first defendant at the first defendant's request and guarantee by the…

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