(1998) JELR 45627 (CA)    

Court of Appeal  ·  CA/K/144/96 ·  19 Feb 1998 ·  Nigeria
Other Citations
U.B.N. Ltd. v. Salami (1998) 3 NWLR (Pt. 543)
UMARU ABDULLAHI Justice of The Court of Appeal of Nigeria ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
date of judgment
banking institution
bank interest
central bank of nigeria
commercial banks
leading judgment
learned trial judge
said sum
statement of claim
sum of n33
supreme court
above provisions of the banking act
above rates
alr comm 209-234.in view
argument of the learned counsel
banking act
basis of the learned trial judge
briefs of argument
considered view
court of appeal rules
court rate
decision of the learned trial judge
following claims
following issue
following words
hearing date
high court of justice
ilorin branch of the appellant
ilorin kwara state
inter alia
ltd. v
mere admission of exhibit
notice of appeal
overdraft facilities
plaintiffs claim
rates of various interest
requirement of order
respect of the sum of n7
short term loan
standard bank ltd.
sum of n9

MUHAMMAD, J.C.A, (Delivering the Leading Judgment): The appellant as plaintiff at the High Court of Justice, Ilorin Kwara State, is a Banking Institution duly incorporated under the Laws of the Federation. The respondent as defendant was a customer to the bank. Sometimes in 1981, the respondent applied for a short term loan and overdraft in the sum of N9, 000.00 from the Ilorin Branch of the appellant. The loan was approved and granted to the respondent. The loan was to be repaid within a short term. There was failure from the respondent to effect repayment within the period agreed despite repeated demands by the appellants.

The appellant took a specially indorsed writ wherein it makes the following claims:-

"The plaintiffs claim is for the sum of N33, 085.33k (Thirty three thousand eighty-five naira and thirty three kobo) being the amount outstanding as debit in the defendant's account with the plaintiff as at close of business on 11/2/91 arising from loan and overdraft facilities ex…

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