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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…

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