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EMMANUEL OKON ISAIAH v. PRUDENTIAL CO-OPERATIVE MICRO FINANCE BANK NIGERIA LIMITED

(2016) JELR 46565 (CA)

Court of Appeal  •  CA/C/145/2013  •  23 Mar 2016  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellant was the 1st Defendant at the Court below in the suit filed by the Respondent herein as the Plaintiff/Claimant under the Undefended suit. Judgment was entered against the Appellant in favour of the Respondent by Stephen O. Okon, J, of the Ikot Ekpene Division of the High Court of Akwa Ibom State in suit No. HT/UND/11/2010 on the 8th day of January, 2013. Aggrieved by that decision, the Appellant has appealed against that judgment.

The Appellant who operated Account No. 647 with the Respondent sought for and was granted a loan facility of N100,000 (One Hundred Thousand Naira) on the terms and conditions stipulated in the Agreement which the Appellant and his Guarantor - Mr. Nelson Aghogu signed.

The Respondent made several demands for the Appellant to liquidate the debt, but all to no avail. In reaction to one of the letters/Notices, the Appellant accepted being indebted to the Respondent.

The lower Court gr…

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