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I.I. ERIGBUEM & COMPANY LIMITED V. UNITED BANK FOR AFRICA PLC

(2018) JELR 34432 (CA)

Court of Appeal  •  CA/B/184/2013  •  17 May 2018  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Appearances
RAYMOND ISITOR For Appellant L.O. OKOJI For Respondent

Judgement

MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Delta State, Asaba Judicial Division in Suit No. A/186/2009 between I.I. ERIGBUEM and CO. LTD as Claimant and UNITED BANK FOR AFRICA PLC as Defendant.

Before that Court the Claimant who is the Appellant in this Court claimed against the Defendant who is the Respondent in this Court as follows:

(1) A declaration that the charge of 32% per annum as interest rate by the Defendant on N1,500,000.00 borrowed to the Plaintiff on 22/4/2002 is illegal, null, void and of no effect.

(2) A declaration that in view of terms and conditions of the Defendants offer dated 22/04/2002 which was accepted by the Plaintiff on same date, the continuous legal uncontrollable charges in the Plaintiff account as it violates the terms and conditions contained in the offer letter is void unconstitutional.

(3) A declaration that the overdraft facility granted the Plaintiff by the Defendant o…

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