MR. ADOLPHUS K. ATTIOGBEY V. UNITED BANK FOR AFRICA PLC & ORS
(2013) JELR 36040 (CA)
Court of Appeal
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CA/K/374/2005
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1 Mar 2013
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Nigeria
Coram
ABDUL ABOKI JCA;
ITA GEORGE MBABA JCA;
HABEEB ADEWALE OLUMUYIWA ABIRU JCA;
Appearances
Mr. A. U. Mustapha with A. O. Ahmad For Appellant
No appearance for the first and second RespondentsMr. Kabir Momoh with Nathan Dandien for the third Respondent For Respondent
Judgement
<p>HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kaduna State in Suit No KDH/KAD/546/93 delivered by Honorable Justice J. Abiriyi (as he then was) on the 23rd of January, 2004. By a writ of summons filed on the 1st of November, 1993, the Appellant, as plaintiff, commenced an action in the High Court of Kaduna State in Suit No KDH/KAD/546/93 against the first and second Respondents, as first and second defendants, and he prayed for:</p><p> i. A declaration that the first Defendant Bank is in breach of contract by charging interests of more than 12% per annum on the loan/overdraft of N20,000.00 granted to the plaintiff, as any higher rate of interest has not only imposed a non-contractual burden on the Plaintiff and has brought about plaintiff's consequential inability to liquidate the aforesaid loan inspite of repayments of more than double the principal loan/overdraft facility originally enjoyed by the plain…</p>