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MR. OWEN ALALE AMANA COMMUNITY BANK LIMITED ALHAJI MOHAMMED FARUKU V. MR. OKWU OLU

(2000) JELR 54563 (CA)

Court of Appeal  •  CA/K/181/97  •  11 May 2000  •  Nigeria

Coram
MAHMUD MOHAMMED, JCA (Presided and Read the Lead Judgment) VICTOR AIMEPOMO OYELEYE OMAGE, JCA OLADAPO OLUDADE OBADINA, JCA

Appearances
Mr. R. B. Daudu, for the Appellants Respondent absent and not represented.

Judgement

MOHAMMED, JCA (Delivering the Lead Judgment): The respondent in this appeal, who was the plaintiff at the court below, instituted an action under the Undefended List Procedure of Order 22 Rules 1 to 5 of the Kaduna

State High Court (Civil Procedure) Rules 1987, against three defendants namely, Amana Community Bank Limited, Alhaji Mohammed Faruku and Mr. Owen Alale and claimed against them, jointly and severally, the sum of N220,345.63, being an amount deposited in the plaintiffs’ Savings Account No.B/005, held in Amana Community Bank, the 1st defendant, in which the 2nd and 3rd defendants were Chairman and Manager respectively. The plaintiff also claimed 30% interest on the sum from 31/12/95 until the debt is liquidated. Being an action commenced on the undefended list, the plaintiff’s affidavit in support of his claim shows that on 12th January, 1993, he was requested and persuaded by the 3rd defendant, who was the Manager and Chief Executive of the 1st defendant Community Bank to o…

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