TRADE BANK PLC.
V.
CHAMI

(2003) JELR 51052 (CA)

Court of Appeal · CA/K/93/2001 · 14 Apr 2003 · Nigeria
·

Other Citations

Trade Bank Plc. v. Chami (2003) 13 NWLR (Pt. 836) 158

CORAM

ISA AYO SALAMI JCA (Presided) DALHATU ADAMU JCA (Read the Lead Judgment) JOSEPH JEREMIAH UMOREN JCA

Ratio Decidendi

Core Terms ^Beta

appellant

evidence

respondent

learned trial judge

case

trial court

present case

instant case

issues

guarantee agreement

appellant’s case

grounds of appeal

statement of claim

respondent’s brief

said issue

testimony of dw1

additional issue

burden of proof lies

date of judgment

documentary exhibits

onus of proof

principle of law

reply brief

respective parties

above additional issue

above reproduced issues

additional issue of the respondent

case of the respondent

circumstance of this case

claim interest

claims of the appellant

court rate

decision of the learned trial judge

end of the trial

fatality of evidence

high court of justice

kano state

lead judgment

madam rabiatu odofin

messrs rasha enterprise limited’s account

messrs rasha enterprises

new case

personal guarantee of the defendant

principle of the above cited authorities

respondent’s single witness

said notice of appeal

said respondent’s brief

such evidence

trial court registry

ADAMU JCA (Delivering the Lead Judgment): The appellant (as plaintiff), sued the respondent (as defendant), at the High Court of Justice, Kano, Kano State on 18/11/99 claiming as follows:

“1. The sum of ₦171,452,649.52k (one hundred and seventy -one million, four hundred and fifty two thousand six hundred and forty nine naira, fifty two kobo), being the debit balance in Messrs Rasha Enterprise Limited’s account with the plaintiff as at 18th November, 1999, which was a result of credit facilities granted to Messrs Rasha Enterprises Limited by the plaintiff at the request of Rasha Enterprises AND on personal guarantee of the defendant.

2. The plaintiff also claim interest at the rate of 30% per annum from 18th November, 1999, to the date of judgment and thereafter, interest at the court rate of 10% from the date of judgment until judgment debt is liquidated.

3. The plaintiff further claims the cost of this action. (see paragraph 15 of the statement of claim at pages 51-52 of the recor…

TRADE BANK PLC. V. CHAMI

TRADE BANK PLC.
V.
CHAMI