(2015) JELR 40315 (CA)    

Court of Appeal  ·  CA/K/466/2013 ·  6 Mar 2015 ·  Nigeria
ABDU ABOKI Justice of The Court of Appeal of Nigeria OLUDOTUN ADEBOLA ADEFOPE-OKOJIE Justice of The Court of Appeal of Nigeria AMINA AUDI WAMBAI Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
learned trial judge
availability period
exhibit pd3
inter alia
banking practice
favour of the respondent
credit facility
material points of substance
learned counsel
outstanding balance of n2.8m
terms of the contract
evidence act
exhibit pi
month of may
satisfaction of the facility
sole issue
uba account no.
balance of n3,400,000
cheque of n3,000,000
commercial bank
decision of kaduna state high court
evidence of pay
exhibit p1
facts of the case
grant of the loan
isheno vs. julius berger
kaduna state
leading judgment
monthly instalment of n126,000
n4 m
official of the appellant
part of the respondent
personal loan
proper consideration of the terms of exhibi9 pd3
respective briefs of argument
said judgment of the lower court
said salary
suit no. kdh
sum of n2,800,000
third party
written addresses of both counsel

AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of Kaduna State High Court in suit No. KDH/KAD/21/2010 delivered by Hon. Justice B. Muhammed on the 28th day of June, 2012 wherein Judgment was entered in favour of the Respondent in the sum of N2,800,000 claimed by the Respondent as illegal deductions by Appellant from his (Respondent's) account.

By his statement of claim before the lower Court, the Respondent as the plaintiff, claimed against the Appellant then as the defendants the following reliefs:-

"1. The Plaintiff claims against Defendant the sum of Two Million, Eight Hundred Thousand Naira (N2,800,000.00) only being the total sum the Defendant illegally deducted from UBA Account No. 00500250002389 without the agreement or consent of the Plaintiff.

In the alternative,

2. The Plaintiff's claim against the Defendant is for an account to be taken and rendered of the UBA Account No. 00500250002389 for the debt due to the Plaintiff in re…

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