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John Orekie Anyakwo V. African Continental Bank Ltd.

(1976) JELR 42477 (SC)

Supreme Court  •  SC.94/1975  •  27 Feb 1976  •  Nigeria

Coram
ATANDA FATAYI-WILLIAMS JSC; CHUKWUNWEIKE IDIGBE JSC; MAMMAN NASIR JSC;

Judgement

A. FATAYI-WILLIAMS, J.S.C.(Delivering the Leading Judgment): The plaintiffs, now respondents, are a commercial bank with their registered office in Lagos. The defendant, now appellant, is a customer of the plaintiffs and maintains a current account at the Martins Street Branch of the plaintiffs.

In the proceedings which they commenced in the High Court of Lagos State, the plaintiffs, as bankers, claimed against the defendant the sum of 67,883.5.3Pounds being money lent by them to the defendant at interest at the defendant's request. The said sum represented the amount outstanding in the defendant's current account as debit balance. The plaintiffs also claimed interest at the rate of 9% from the date of the issue of the writ until judgment or until payment is made.

The claim was originally filed as "undefended" but the defendant, within the time prescribed in Order 3 rule 11 of the old Supreme Court (Civil Procedure) Rules, gave due notice of his intention to defend the action. Pursuan…

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