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ASMAN MANUFACTURING AND MECHANICAL COMPANY LIMITED ALHAJI SABO ILORI V. SPRING BANK PLC

(2011) JELR 52704 (CA)

Court of Appeal  •  CA/K/246/99  •  14 Apr 2011  •  Nigeria

Coram
MARY U. PETER-ODILI JCA (Presided and Read the Lead Judgment) JOSEPH TINE TUR JCA OBANDE F. OGBUINYA JCA

Appearances
Sulaiman Abdurraheem - for the Appellants/Cross-Respondents. E -*- Bola Olotu (with him, Ani Remigius) - for the Respondent/Cross- -*- Appellant.

Judgement

PETER-ODILI JCA (Delivering the Lead Judgment): This is an appeal by the appellants who were defendants against the judgment of Hon. Justice M.H.Abdullahi sittingin a Kano High Court delivered on 30 June 1998. The respondent as plaintiff bank had claimed the sum of N3,453,336.94 (three million, four hundred and fifty-three thousand three hundred and thirty six naira, ninety-four kobo) from the two defendants jointly and severally, as beingthe outstanding deficit of overdraft facilitygranted the 1st defendant/appellant and allegedly guaranteed by the 2nd defendant/appellant.

Statement of facts

The plaintiff bank filed an amended statement of claim in which they claimed from the defendants jointly and severally the sum of N3,453,336.94 (three million, four hundred and fifty-three thousand, three hundred and thirty-six naira, ninety-four kobo) plus interest at the rate of 21% on the same amount from 30 April 1994 until the liquidation and final settlement of this debt, being outstandin…

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