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ALH. GARBA ABUBAKAR BAGOBIRI v. UNITY BANK PLC

(2016) JELR 36751 (CA)

Court of Appeal  •  CA/K/50/2011  •  15 Apr 2016  •  Nigeria

Coram
ISAIAH OLUFEMI AKEJU JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; AMINA AUDI WAMBAI JCA;

Judgement

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kano State, sitting at Kano delivered on 9th May, 2009 in suit No. K/15/2009, wherein the Respondent as the plaintiff had by the writ of Summons dated 9th January, 2009 claimed against the Appellant as the defendant as follows:-

1. The sum of N15,114,113.90 (Fifteen Million, One Hundred and Fourteen Thousand, One Hundred and Thirteen Naira and Ninety Kobo) being outstanding balance of the credit facility as at 24th September, 2008 obtained by the defendant from the plaintiff which said credit facility has been enjoyed, utilized and made use of by the defendant but failed, refused and/or neglected to repay despite repeated demand.

2. 21% interest thereon from 24th September 2009 till date of judgment and 10% Court interest thereafter, till liquidation.

Upon the Respondent's motion exparte filed on 9/1/2009 seeking that the writ be placed for hearing under the undefended…

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