AFRICAN CONTINENTAL BANK LIMITED V. EUGENE N. OBA & ORS

JAMES OGENYI OGEBE, J.C.A. (Delivering the Leading Judgment): The appellant company brought an action against the respondents in the Asaba Division of the High Court of the defunct Bendel State jointly and severally for the recovery of the sum of N 10, 176.92 being the unpaid balance (principal, interest and other bank charges) as at 30th day of September, 1984 of the overdraft granted to the respondents on their own request at Asaba by the appellant. In the writ of summons, the defendants/respondents were sued jointly and severally as trading as Asaba Development Enterprises.

The appellant filed its statement of claim and the 1st defendant/respondent filed a statement of defence in reply thereto. The appellant later amended its statement of claim. Paragraphs 1 - 6 of the amended statement of claim give the genesis of the transaction which led to this suit. They are reproduced in full below:-

"1. The plaintiff is a Banker carrying on business in Nigeria with Head Office at Lagos and B…