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ALHAJI AUWALU DARMA v. ECO BANK NIGERIA LIMITED

(2017) JELR 38282 (SC)

Supreme Court  •  SC.20/2005  •  17 Feb 2017  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC; CHIMA CENTUS NWEZE JSC; AMIRU SANUSI JSC;

Judgement

AMIRU SANUSI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Kaduna division delivered on 15th July 2004 which dismissed the appeal filed before it by the appellant against the decision of High Court of Justice of Kano State delivered on 9th June 2001 which entered Judgment against the respondent under the Undefended list Procedure on the sum of one million, three hundred and ninety five thousand, five hundred and seventy nine Naira eighty one kobo (₦1,395,579;81k)

The present respondent as plaintiff sued the appellant under the undefended list procedure at the High Court of Kano State (the trial Court) claiming the above mentioned sum being outstanding balance (as at the 30th of April 1999) of an overdraft facility approved in favour of the appellant by the respondent bank. Upon being served with the Court process, the plaintiff/appellant filed notice of intention to contest the claim by filling a seven paragraph affidavit. At the…

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