(2002) JELR 44572 (CA)    

Court of Appeal  ·  CA/L/280/99 ·  18 Nov 2002 ·  Nigeria
Other Citations
U.B.N. Plc v. Dawodu [2003] 4 NWLR (Pt.810)287
U.B.N. Plc v. Dawodu (2003) 4 NWLR (Pt. 810) 287
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
statement of defence
learned trial judge
overdraft facilities
trial court
counter-claim of the defendant
exhibit c
date of judgment
sum of n109,725.55
true position of the law
account of the defendant
account of what dividends
account of what number of shares
admission of debt
admission of the plaintiff
afprint limited
amended statement of claim
behalf of the defendant
cfao motors nigeria limited
defendant of the said share certificates
documentary evidence
fair conclusion
final disposition of this case
final judgment
formal letter of demands
given case
judgment of the court
judgment of the lower court
lagos high court
leading judgment
numbered paragraphs
respect of the share certificates
said shares
saving account passbooks
specific demand
suit no. ld
trial judge
various company share certificates
view of the state of the pleadings

OGUNTADE, J.C.A. (Delivering the Leading Judgment): In suit No. LD/1212/87 at the Lagos High Court, the appellant (hereinafter referred to as the plaintiff) brought a suit against the respondent (hereinafter called the defendant) claiming as follows:-

(a) The sum of N109,725.55 being the balance payable by the defendant to the plaintiff at the close of business on 1/09/87 due on the loan/overdraft facilities extended to the defendant by the plaintiff at the defendant's request.

(b) Interest at the rate of 21% per annum at monthly rate on the sum of N109,725.55 from 1/09/87 to the date of judgment and thereafter at 6% per annum from date of judgment until the whole debt is liquidated plus costs thereof.

The plaintiff filed an amended statement of claim. The defendant filed a statement of defence and counter-claim. The counter-claim was stated thus:-

(a) For the sum of N160,821.42. (b) An account of what number of shares if any have been received by way of scripts or bonds in respect o…

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