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BEN E. CHIDOKA & ANOR V. FIRST CITY FINANCE COMPANY LIMITED

(2000) JELR 44131 (CA)

Court of Appeal  •  CA/L/124/93  •  8 May 2000  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; SULEIMAN GALADIMA JCA; KUMAI BAYANG AKAAHS JCA;

Judgement

GALADIMA, J.C.A. (Delivering the Leading Judgment): These two consolidated appeals were brought against the judgment of Silva J., sitting at the Lagos Division of the High Court of Lagos State delivered on 12th July, 1991, in suit No.LD/1669/91 and against his ruling of same date refusing to amend the defendants now appellants, statement of defence to raise a legal defence in the suit.

The appellants are couple. They jointly and severally applied in 1986 to the respondent for loan facilities to enable them execute the business of exporting shrimps to London, United Kingdom. Consequent upon two set of agreement in writing executed by the parties the respondent advanced the loan facilities in the sum of:

(a) N150,000 repayable on or before 20th January, 1987 in the sum of N195,200.

(b) N50,000 repayable on or before 20th January, 1987 in the sum of N61,000.

It would appear that the respondent's claim leading to the appeal for certain sums of money due from the appellants as at 1/8/89 in…

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