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INTERMARKETS NIGERIA LIMITED & ANOR V. UNITY BANK PLC

(2010) JELR 33570 (CA)

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

Coram
BABA ALKALI BA’ABA JCA; JOHN IYANG OKORO JCA; THERESA NGOLIKA ORJI-ABADUA JCA;

Judgement

BABA ALKALI BA'ABA, J.C.A (Delivering the Leading Judgment): This is an appeal against the ruling and Judgment of the Kano State High Court Holden at Kano State Judicial Division delivered on 25/6/2003 and 24/7/2003 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 the 26th day of September, 2002 brought under the undefended list procedure 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 being the outstanding balance together with the interest and other Banking Charges which accrued as at 31/6/2002 on overdraft and warehousing loan granted to the Defendants. The Defendants have refused to and/or…

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