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ARMAFORD NIGERIA LIMITED & ORS v. NIGERIAN DEPOSIT INSURANCE CORPORATION

(2014) JELR 42228 (CA)

Court of Appeal  •  CA/L/926/2011  •  15 Apr 2014  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; JOSEPH SHAGBAOR IKYEGH JCA; CHINWE EUGENIA IYIZOBA JCA;

Judgement

CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Archibong J. of the Federal High Court, Lagos in Suit no FHC/L/FBC/342/2000 delivered on 28/1/08 refusing to join Wema Bank Plc as a party in the Respondent's suit for the recovery of a debt owed to a failed bank. The 1st Appellant obtained a term loan of US$400,000 in October 1989 from Nigerian Bank for Commerce and Industry [NBCI] for the procurement of plant, machineries and equipments for the production of exhaust mufflers from recorded steel waste. The loan was secured by the Personal Guarantee of the 2nd and 3rd Appellants. The amount due and payable as at 30/11/98 when the suit was initially instituted was the sum of US$852,527.12. There is no dispute at all regarding the appellant's indebtedness and the amount owed. The appellants claimed they could not install the said plants and machineries due to lack of funds and later to the political situation during the Military reg…

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