TASHA
V.
UBN PLC.

(2001) JELR 44269 (SC)    

Supreme Court  ·  SC.17/1996 ·  29 Jan 2001 ·  Nigeria
 · 
Other Citations
Tasha v. U.B.N. Plc (2002) 3 NWLR (Pt. 753) 99
CORAM
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Core Terms Beta
appeal
loan
suit
borrower
respondent
section
bank
judgment
respondent bank
laws of the federation of nigeria
trial court
amendment
board of the scheme
case
cause of action
court
court of appeal
courts
failure of any borrower
law
proceedings
agricultural credit guarantee scheme decree
agricultural scheme
brother belgore
case of default
common ground
decision of court
first instance endeavour
gross error
incompetent action
instant case
issue of locus of the respondent
latter section
leading judgment
legal proceedings
legal proceedings of a civil nature
legal proceedings of civil nature
list
lower court
present case
principal of any loan
provisions of sections
rate of interest
reason
reasons
regard
s.12 of the law
state of the law
undefended list procedure

BELGORE, J.S.C. (Delivering the Leading Judgment): The Agricultural Credit Guarantee Scheme Decree (now in Cap. 13 Laws of the Federation of Nigeria 1990) sets out clearly how the loan under the agricultural scheme was to be administered. The law empowers the minister responsible for the scheme to fix rate of interest from time to time. In the case of default by the borrower/farmer to pay the debt, s. 12 sets out the procedure for demand. But in case of suing to recover the loan, s.15 is very clear; it is the Board of the scheme that must be sued. Though the amendment to the Decree (now Act) in 1993 allows the bank to sue the debtor directly, this case arose before the amendment and at the time the suit was filed the Board was not sued. This is an incompetent action and the court ought not to have welcomed the suit, irrespective of being placed on the undefended cause list. The court is to decide on cases legally placed before it. This appeal therefore succeeds. The appeal is allowed,…

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