(2011) JELR 45936 (CA)    
Court of Appeal  ·  CA/L/522/2008 ·  6 May 2011 ·  Nigeria
CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria
Core Terms Beta
summary judgment
civil procedure
high court of lagos state
statement of claim
record of appeal
learned trial judge
2nd defendants
statement of defence
trial court
fair hearing
civil procedure rules
affidavit of femi aribaloye
learned counsel
support of the application
written brief
constitutional right
exercise of the jurisdiction of the learned trial judge
grounds of appeal
1st defendant
1st defendant repayment
4th defendants
cases of sanusi brothers
date of judgment
fundamental requirement of order
order of court
provisions of order
brief of the claimant
case of c.r.s.w.b. v. n.c. eng
leading judgment
learned counsel messrs a. adewumi
legal point
order of sale of the property
prima facie case
provisions of order ll of the high court
question of fair hearing
rules of court briefs
ruling of the high court
ruling of the high court of lagos state
said grounds
said statement of claim
said sum
such fact
trial of this action

CLARA BATA OGUNBIYI, J.C.A, (Delivering the Leading Judgment): The appellants herein have appealed against the ruling of the High Court of Lagos State dated 14th of April, 2008 delivered by Honourable Justice R.T.B. Adebiyi which granted the Reliefs sought in the motion for summary judgment brought pursuant to order II of the High court of Lagos State civil procedure Rules 2004. The Ruling of the High Court is contained at pages 175 - 178 of the Record of Appeal while the motion for summary judgment is contained at pages 78 - 119 of the Record of Appeal. The Ruling appealed against had granted the following reliefs to the Respondent:-

(a) The sum of N48,792,787,96k (Forty eight million, seven hundred and ninety two thousand seven hundred and eighty seven Naira ninety six kobo) due to the claimant as at 31st of December, 2006 on the credit facility granted by the claimant to the 1st Defendant repayment of which was guaranteed by the 2nd and 3rd and 4th Defendants.

(b) Interest on the s…

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