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GUARANTY TRUST BANK PLC V. CHUKWUEMEZIE PETER EKEMEZIE

(2011) JELR 53244 (CA)

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

Coram
TIJJANI ABDULLAHI JCA (Presided and Read the Lead Judgment) JOSEPH SHAGBAOR IKYEGH JCA ITA GEORGE MBABA JCA

Judgement

ABDULLAHI JCA (Delivering the Lead Judgment): This is an appeal against the judgement of the High Court of Justice, Kwara State; Coram S. T. Daibu (J) delivered on 7 March 2011, whereby judgement was entered under the undefended list procedure in favour of the respondent for the sum of N17,877,713.51m (seventeen million, eight hundred and seventy-seven thousand, seven hundred and thirteen naira, fifty-one kobo) inclusive of interest of N5,324,000.00 (five million, three hundred and twenty-four thousand naira) at the rate of 10% on the principal sum of N12,553,173.51 (twelve million, five hundred and fifty-three thousand, one hundred and seventy-three naira, fifty-one kobo) 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 7 October 2010. The writ of summon as ca…

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