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ALHAJI ADAMU HASSAN v. UNITY BANK PLC

(2018) JELR 38535 (CA)

Court of Appeal  •  CA/S/122/2014  •  11 Jul 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Sokoto State delivered on 3/12/2013. The respondent as plaintiff before the trial Court commenced a suit under the undefended list claiming against the defendant as follows: -

1. The sum of N2, 787, 042.31 (Two Million, Seven Hundred and Eight Seven Thousand and Forty Two Naira, Thirty One Kobo) being an advance facility and accrued interest 27% per annum granted to the Defendant which has remained unpaid despite repeated demands.

2. 10% on the said sum from 5th June, 2013 until judgment is entered in this suit.

3. Thereafter 10% of the judgment sum until judgment sum is liquidated.

4. Cost of this action.

Upon service of the Writ of Summons on the defendant, he neither appeared nor file any notice of intention to defend. Consequently, the matter proceeded to hearing and in a reserved and considered judgment delivered on 3/12/2013, learned trial judge found at page 77 …

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