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FIRST BANK OF NIGERIA PLC v. DR. ABDULKADIR ONIYANGI

(2000) JELR 44050 (CA)

Court of Appeal  •  CA/IL/42/99  •  28 Feb 2000  •  Nigeria

Coram
MURITALA AREMU OKUNOLA JCA; PATRICK IBE AMAIZU JCA; WALTER SAMUEL N. ONNOGHEN JCA;

Judgement

AMAIZU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Gbadeyan J, of Kwara State High Court, sitting at the Ilorin Judicial Division.

The judgment was delivered on the 23rd of December, 1997.

In the suit, the Plaintiff now the Appellant claimed against the Defendant now the Respondent as follows -

"An order that the Defendant should pay the plaintiff the sum of N976,051.14k (Nine Hundred and Seventy Six Thousand and Fifty One Naira, Fourteen Kobo) being the outstanding loan remained unpaid by the Defendant as at 31/10/96 and the same amount to be paid at the interest rate of 20.5% per annum from 1/11/96 until judgment is delivered."

Pleadings were duly filed and exchanged, both parties amended their pleadings at least once. Thereafter the trial proceeded on the amended pleadings.

Two officials of the Appellant company gave evidence, The first witness was the Appellant's Credit Officer. It is his evidence that the Appellant is a public liability co…

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