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INTERMARKETS NIGERIA LIMITED ALEX J. COZMA V. UNITY BANK PLC

(2010) JELR 55293 (CA)

Court of Appeal  •  CA/K/6/2004  •  2 Jun 2010  •  Nigeria

Coram
BABA ALKALI BA’ABA JCA (Presided and Read the Lead Judgment) JOHN INYANG OKORO JCA THERESA NGOLIKA ORJI-ABADUA JCA

Judgement

BA’ABA JCA (Delivering the Lead Judgment): This is an appeal against the ruling and judgment of the Kano State High Court holden at Kano State Judicial Division delivered on 25 June 2003 and 24 July 2003 respectively in suit No. K/556/2002, filed by the appellants who were the defendants at the trial court. The respondent was the plaintiff before the trial court where it commenced an action against the appellants by an endorsed concurrent writ dated 26 September 2002 brought under the undefended list procedure A pursuant to Order 23 of the Kano State High Court (Civil Procedure) Rules, 1988. The respondent’s claim is contained at pages 10-11 of the printed record, it reads: “1. The plaintiff’s case against the defendant is for the sum of N35,445,071.89k (thirty-five million, four hundred and forty- five thousand, seventy-one naira, eighty-nine kobo) being the outstandingbalance together with the interest and other banking charges which accrued as at 31 June 2002 on overdraft and war…

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