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ALHAJI AUWALU DARMA V. OCEANIC BANK INTERNATIONAL NIGERIA LTD

(2004) JELR 48863 (CA)

Court of Appeal  •  CA/K/142/2003  •  15 Jul 2004  •  Nigeria

Coram
BABA ALKALI BA'ABA JCA; JOSEPH JEREMIAH UMOREN JCA; STANLEY SHENKO ALAGOA JCA;

Judgement

ALAGOA, J.C.A: (Delivering the Leading Judgment): This is an appeal against the Judgment of Haliru, J., of the Kano State High Court, which was delivered on the 19th June, 2001, in suit No.K/352/99. In the said judgment the appellant (then defendant) was found liable to the respondent (then plaintiff) in the sum of N1,398,519.81 being outstanding debit balance as at the 19th June, 2001, on the appellant's current account No.0401414026 maintained with the respondent at its Kano Branch inclusive of accrued interest arising out of banking facility granted the appellant upon his request by way of overdraft.

Briefly, the facts are that the appellant was a current account customer of the respondent and maintained an account No.0401414026 with the respondent's Kano branch office situated at No.83 Ibrahim Taiwo Road, Kano. By an application dated the 2nd day of January, 1998, the appellant requested for an overdraft facility of N2,000,000.00 (Two million naira) only from the respondent which …

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