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DALA LOCAL GOVERNMENT v. ACCESS BANK PLC & ANOR

(2016) JELR 37068 (CA)

Court of Appeal  •  CA/K/223/2013  •  11 Jan 2016  •  Nigeria

Coram
ISAIAH OLUFEMI AKEJU JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Judgement

ISAIAH OLUFEMI?AKEJU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Kano State holden at Kano delivered on 9th June, 2011 in suit No. K/593/2010 wherein the 1st Respondent herein then as Intercontinental Bank Plc and as plaintiff claimed against the appellant and the 2nd Respondent herein as defendants, jointly and severally the sum of N7,703,479.37 (Seven Million, Seven Hundred and Three Thousand, Four Hundred and Seventy Nine Naira, Thirty Seven Kobo) and interest at 22.50% per annum from 12th October, 2011 till judgment and 10% interest from the date of judgment until the debt is liquidated as well as the costs of the action.

The action was brought under the undefended list, and was commenced by the motion exparte dated 22nd November 2010 for leave to mark and place the writ of Summons under the undefended list. As disclosed in the affidavit in support of the motion exparte deposed to by one Musa Adamu, the litigation clerk in th…

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