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ALHAJI IBRAHIM UMARU WURO HAUSA V. FIRST BANK OF NIGERIA PLC

(2000) JELR 55510 (CA)

Court of Appeal  •  CA/J/295/98 .  •  12 Apr 2000  •  Nigeria

Coram
J.THOMPSON AKPABIO, JCA (Presided and Read the Lead Judgment) CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JCA ISA ABUBAKAR MANGAJI, JCA

Judgement

AKPABIO, JCA (Delivering the Lead Judgment): This is an appeal against a judgment of Lawi, J., of Adamawa State High Court, sitting at Yola in suit No. ADSY/25/97, delivered on 5/11/98, wherein he entered judgment in favour of plaintiff against the defendant in a suit brought underthe undefended list in the sum of N769,796.46 representing principal and interest due to the plaintiff Bank from the defendant as at 25/10/96 as a result of overdraft facility allowed the defendant at his request by the plaintiff Bank plus interests at the rate of 21% per annum from 23/10/96 until judgment and 10% per annum from date of judgment until payment. From the affidavit in support which was filed along with the writ of summons to support its placement on the undefended list, it was disclosed that the defendant was granted an overdraft facility in the sum of N70,000.00 (Seventy thousand Naira), on his account No. 103010588 with the plaintiff Bank sometime in 1985, which said overdraft facility wa…

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