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FIRST AMALGAMATED BUILDING SOCIETY LTD. & ANOR. V. IBIYEYE

(2007) JELR 33856 (CA)

Court of Appeal  •  CA/IL/65/2006  •  13 Nov 2007  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; JUMMAI HANNATU SANKEY JCA; IGNATIUS IGWE AGUBE JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Kwara State High Court sitting at Offa delivered by Kawu, J. on the 25th day of July, 2006. The Respondent herein, who was the Plaintiff at the trial Court, had claimed from the Defendants, now Appellants, as follows:

a) "The sum of N7,899,122.00 being sum due and payable to the Plaintiff on the principal sum advanced by the Plaintiff as moneylender to the 1st Defendant and personally guaranteed by the 2nd Defendant and interest thereon as at 14/10/2004.

b) Interest on the said sum of N7,899,122.00 at the rate of 10% per month from 15/10/2004 to the date of judgment and thereafter at the rate of 10% per annum until the judgment debt is fully liquidated."

This suit was initially commenced at the lower court on the 'Undefended List'. Upon being served the processes of Court, the Defendants filed a Notice of Intention to defend the suit supported by an affidavit attached to whic…

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