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UBN LTD.
V.
SAX (NIG.) LTD. & ORS.

(1994) JELR 43403 (SC)

Supreme Court 30 Sep 1994 Nigeria
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- The respondents filed a lawsuit against the appellant in the Kwara State High Court, claiming a declaration of their total indebtedness and other relief. - The appellant had granted loans to the respondents and had the power to charge int

Case Details

Suit Number:SC.236/1991
Judges:MOHAMMED BELLO JSC MUHAMMADU LAWAL UWAIS JSC EMANUEL OBIOMA OGWUEGBU JSC YEKINI OLAYIWOLA ADIO JSC ANTHONY IKECHUKWU IGUH JSC
Counsel:S. Bello Esq For the Appellant; Respondent Absent and unrepresented.
Other Citations:U.B.N. Ltd. v. Sax (Nig.) Ltd. [1994] 8 NWLR (Pt 361)150


ADIO, J.S.C. (Delivering the Leading Judgment): In the Ilorin Judicial Division of the Kwara State High Court, the respondents instituted an action against the appellant. The claim, as stated in paragraph 48 of the Amended Statement of Claim, was as follows:-

"(a) a declaration that their total indebtedness to the 1st defendant as at 1st February 1986 is ₦304,120.00 and that it is unconscionable for the first defendant to charge interests on the debt from the 1st day of February 1986 to the date of filing this suit and until final determination by reason of the fact that the 1st defendant's conduct frustrated the business of the plaintiffs; and a further declaration that even if the 1st defendant can claim interest on the overdraft, they can only charge interest at the rate of 11% per annum from 1982 until the day of judgment and not at any other higher rate;

(b) a declaration that the first defendant is not entitled to exercise power of sale in respect of the properties belonging to…

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