TRUE GRADE ENGR. LTD
V.
LEAD BANK PLC

(2006) JELR 51188 (CA)    

Court of Appeal  ·  CA/A/119/05 ·  18 Dec 2006 ·  Nigeria
CORAM
IBRAHIM TANKO MUHAMMAD JCA (Presided) OLUFUNMILOLA OYELOLAADEKEYE JCA CHIDI NWAOMA UWA JCA (Read the Lead Judgment)
Core Terms Beta
plaintiff
appellants
trial court
affidavit
defendants
undefended list
writ of summons
undefended list procedure
affidavit evidence
reasonable cause of action
respondent’s case
evidence
oral evidence
further affidavit
respondent’s learned counsel
trial judge
1st appellant
learned trial judge
loan facility
2nd appellant
lower court
notice of intention
favour of the respondent
lead judgment
date of judgment
favour of the plaintiff
respect of a claim
sum of n60,947,330.69
above affidavit
allegation of fraudulent management of account
appellant’s learned counsel
argument of the learned appellant
attached statement of account
claim of the plaintiff
defendant raises
exhibitin evidence
further particularsto
grant of loan of n40,000,000.00
grounds of appeal
learned trial judge of the high court of the federal capital territory
leave of the trial court
notice of appeal
paragraph affidavit
respective brief of argument
respect of n15
respondent herein.grounds
respondent’s claim
said sum
statement of defence
support of this notice

UWA JCA(Delivering the Lead Judgment): This appeal arose out of a judgment entered in favour of the respondent (plaintiff in the lower court) on the 3rd day of May, 2005 wherein the learned trial Judge of the High Court of the Federal Capital Territory (FCT),Abuja, (hereafter referred to as the trial court) gave judgment in favour of the respondent against the appellants (defendants in the lower court) herein, in the sum of N60,947,330.69 (sixty million,nine hundred and forty-seventhousand, threehundred and thirty naira, sixty-nine kobo only) as debt due to the defendants/ appellants under the undefended list procedure, interest on the said sum at the rate of 30% per annum from the 30th of August, 2004 until the date of judgment and interest on the judgment sum at the rate of 8% per annum until the judgment debt is fully liquidated. The appellants dissatisfied with the judgment, filed a notice of appeal dated the 5th day of May, 2005, with five grounds of appeal therein out of w…

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