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ALH. ABUBAKAR SADIK DANTAMA v. UNITY BANK PLC

(2015) JELR 36725 (CA)

Court of Appeal  •  CA/S/81/2014  •  4 Mar 2015  •  Nigeria

Coram
PAUL ADAMU GALINJE JCA; TUNDE OYEBANJI AWOTOYE JCA; MUHAMMED L. SHUAIBU JCA;

Judgement

TUNDE O. AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the Judgment in respect of the appeal filed by the appellant on 11/4/2014 against the decision of Sambo J. of Sokoto State High Court of Justice sitting in Sokoto delivered on 31/3/2014.

On 10/12/2013 the plaintiff had applied by an exparte motion dated 9/12/2013 for leave to issue a writ of summons marked "Undefended List" and for same to be placed under the Undefended List. The affidavit in support of the motion was a 23 paragraph affidavit. On 20/10/2014m the plaintiff's application was granted.

The writ of summons marked "Undefended List" was issued on 20/1/2014. The claim of the plaintiff as endorsed on its writ of summons read as follows:

"The Defendant on 25th July, 2008 applied to the Branch Manager of Aliyu Jodi Branch, Sokoto of the Plaintiff for an advance facility of N3,000,000.00 (Three Million Naira) only and on 22nd September, 2008 the Plaintiff approved the application wherein it granted the Defenda…

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