AMRI MEDICAL RELIEF LIMITED & ORS V. E-BARCLAYS MICROFINANCE BANK LIMITED
(2015) JELR 45518 (CA)
Court of Appeal
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CA/A/119/2012
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26 May 2015
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Nigeria
Coram
MOORE A. A. ADUMEIN JCA;
TANI YUSUF HASSAN JCA;
JOSEPH E. EKANEM JCA;
Appearances
No representation for the appellants For Appellant
H.K. Osenum, Esq For Respondent
Judgement
<p>JOSEPH E. EKANEM, J.C.A. (Delivering the Leading Judgment): The respondent granted loan facilities to the 1st and 2nd appellants to the tune of Ten Million Naira (N10,000,000:00) each. The loans granted to the 1st and 2nd appellants were secured by collaterals, namely; title documents of the 3rd appellant's land, Plot No.83869 (A) 32 Road C Close, Gwarinpa Estate, Abuja and Airport Road, Sabon Lugbe, which were deposited with the respondent.</p><p> The 3rd appellant (Managing Director/Chief Executive Officer of the 1st and 2nd appellants) gave a personal guarantee for the repayment of the loans. He also issued a post-dated cheque for Twelve Million Naira and signed a loan acknowledgement and transfer of title document.</p><p> Upon failure to repay the loan as agreed, the respondent took out a Writ of Summons in the undefended list against the appellants at the High Court of the Federal Capital Territory, Abuja Judicial Division, holden at Maitama in suit No. FCT/HC/CV/958/200 claiming as follows:</p><p> "…</p>