ABIOLA & SONS BOTTLING COMPANY NIGERIA LIMITED & ANOR V. FIRST CITY MERCHANT BANK LIMITED & ORS.
(2013) JELR 35917 (SC)
Supreme Court
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SC.88/2005
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19 Apr 2013
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Nigeria
Coram
IBRAHIM TANKO MUHAMMAD JSC;
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC;
SULEIMAN GALADIMA JSC;
CLARA BATA OGUNBIYI JSC;
STANLEY SHENKO ALAGOA JSC;
Appearances
Dr. J. O. Olatoke, with him: B. O. Omodare, K. A. Uzamot, I. V. Ogiemwonyi and O. O. Aweda For Appellant
A. A. Adegbonmire, with him; D. D. Killi For Respondent
Judgement
<p>IBRAHIM TANKO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): The 1st plaintiff at the Kwara state High court of Justice, holden at Offa [trial court] is a limited liability company carrying on the business of manufacture of and dealers in all kinds of soft drinks. The 2nd plaintiff is also a limited liability company carrying on principally the business of building, civil and electrical contractors, saw-milling industry etc. The 1st defendant is also a limited liability company carrying on the business of banking while the 2nd defendant is a Chartered Accountant. The 3rd defendant, as its name suggests, is a limited liability company incorporated to manufacture or brew 7-Up soft-drinks. </p><p> By a deed of debenture [which the plaintiffs termed "purported"], dated 27th November, 1986, between the plaintiffs and the 1st defendant, the sum of N3,500,000 [Three Million, Five Hundred Thousand Naira] was advanced in the form of a term loan overdraft facilities to the 1st plaintiffs to meet …</p>