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A. I. EGBUNIKE & ANOR. V. AFRICAN CONTINENTAL BANK LTD.

(1995) JELR 41580 (SC)

Supreme Court  •  SC.253/1989  •  3 Feb 1995  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Appearances
Chief F.R.A. William, S.A.N. (With him. J.U. Igwe and A. Williams (Mrs) for the Appellants. For Appellant Nwokoye - for the Respondent For Respondent

Judgement

ADIO, JSC (DELIVERING THE LEADING JUDGMENT): The respondent's claim against the appellants, jointly and severally, in the High Court of Justice, Anambra State of Nigeria was, as stated in paragraph 18 of the amended statement of claim, as follows:-

"(i) the sum of ₦800,312.28 (eight hundred thousand three hundred and twelve naira twenty-eight kobo) balance of overdraft with compound interest at the rate of 10% per annum as at close of business on the 26th November, 1979.

(ii) compound interest at the rate of 10% per annum with monthly rests until the debt is fully repaid or judgment is obtained counting from 27th November, 1979"

Pleadings were duly filed and exchanged. The respondent filed a statement of claim which was amended with the leave of the court. The appellants filed a statement of defence which was also amended with the leave of the court.

The evidence led by the respondent, a banker, was that the appellants were current account customers of the Abakaliki branch of the bank. So…

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