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ADALFA AGRIC INDUSTRIES (NIGERIA) LIMITED & ANOR v. AFRIBANK NIGERIA PLC

(2002) JELR 42052 (CA)

Court of Appeal  •  CA/PH/257/99  •  15 Apr 2002  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; SYLVANUS ADIEWERE NSOFOR JCA; MICHAEL EYARUOMA AKPIROROH JCA;

Judgement

JAMES OGENYI OGEBE, J.C.A. (Delivering the Leading Judgment): The respondent granted a loan of N60,000.00 to the 1st appellant under the Agricultural Credit Guarantee Scheme Fund Act, Cap 13 of the Laws of the Federation 1990 as far back as 1980. The appellants failed to refund the money and the respondents sued them in the lower court, namely, the High Court of Imo State holding at Mgbidi claiming N144,037.43 plus interest. The lower court gave judgment in favour of the respondent.

Dissatisfied with that judgment the appellants have appealed to this court and the only issue canvassed by the learned counsel for the appellants in their brief of argument reads thus:

'(a) Is respondent's suit No.HOU/45/95 incompetent and an abuse of court's process or has the lower court the jurisdiction to entertain it?"

The learned counsel for the appellant abandoned the remaining issues and the arguments thereon and they were struck out in court. The main argument of the learned counsel for the appell…

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