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GUARANTY TRUST BANK PLC V. CHUKWUEMEZIE PETER EKEMEZIE

(2011) JELR 49126 (CA)

Court of Appeal  •  CA/IL/36/2011  •  9 Dec 2011  •  Nigeria

Coram
TIJJANI ABDULLAHI (PJ) JCA; JOSEPH SHAGBAOR IKYEGH JCA; ITA GEORGE MBABA JCA;

Judgement

TIJJANI ABDULLAHI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Justice, court of Kwara State; coram S.T Daibu (J) delivered on the 7th of March, 2011, whereby judgment was entered under the undefended list procedure in favour of the Respondent for the sum of N17,877,713.51 Million Naira (Seventeen Million Eight Hundred and Seventy-Seven Thousand, Seven Hundred and Thirteen Naira, fifty-one kobo) inclusive of interest of N5,324,000.00 at the rate of 10% on the principal sum of N12,553,173.51 as per the writ of summons.

The Respondent as can be gleaned from the records was the Plaintiff whilst the Appellant was the Defendant in the Court below. The Respondent commenced the suit appealed against under the undefended list procedure vide a writ of summons filed on the 7th of October, 2010.

The writ of summon as can be gathered from the proceedings of the Court below is for:

"The Claimant's claim is for the sum of N17,877,713.15 (seventeen mil…

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