Customer Support

UBN LTD & ANOR.
V.
NWAOKOLO

(1995) JELR 43488 (SC)

Supreme Court 21 Apr 1995 Nigeria
BriefBot icon

BriefBot Summary

Free

- The respondent (plaintiff) guaranteed a N6,000 loan by the 1st appellant (bank) to the 3rd defendant (principal debtor); the dispute centered on whether this guarantee extended to subsequent advances and whether he was discharged from lia

Case Details

Suit Number:SC.217/1991
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:Yusuf. O. Alli Esq (with him, W. Egbewole and K.K. Eleja Esq) -for the Appellants. For Appellant Respondent absent and unrepresented. For Respondent
Other Citations:U.B.N. v. Nwaokolo (1995) 6 NWLR (Pt.400) 127

ONU, J.S.C. (Delivering the Leading Judgment): The respondent herein as plaintiff, by his writ of summons dated 29th November, 1984 and taken out in the High Court of Kwara State holden in ilorin, claimed against three defendants jointly and severally (the 1st and 2nd out of whom are now the present appellants) the following reliefs:-

"1. A declaration that the plaintiff has ceased to guarantee any subsequent loan granted by the 1st defendant to the 3rd defendant since after the repayment of the initial N6,000.00 loan.

2. A declaration that the 3rd defendant is primarily and solely liable for any loan negotiated by him outside the original N6,000.00 as such negotiation was made without information to, or knowledge and consent of the plaintiff.

3. a declaration that the withdrawal of the plaintiff's saving pass book by the 2nd defendant acting for the 1st defendant is wrongful.

4. An injunction restraining the defendants jointly and severally from further holding the plaintiff respons…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.