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JOEL OKUNRINBOYE EXPORT CO. LTD & ORS V. SKYE BANK PLC

(2009) JELR 33056 (SC)

Supreme Court  •  SC.54/2003  •  27 Feb 2009  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JSC; MAHMUD MOHAMMED JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; FRANCIS FEDODE TABAI JSC; JAMES OGENYI OGEBE JSC;

Judgement

WALTER SAMUEL NKANU ONNOGHEN, J.S.C (Delivering The Leading Judgment): This is an appeal against the judgment of the Court of Appeal, holden at Benin City in appeal No.CA/B/237/99 delivered on the 9th day of December, 2002 in which the court dismissed the appeal of the appellant against the judgment of the High Court of Ondo State, holden at Owo in suit No. HOW/35/96 delivered on 12/10/98 against the appellants who were the defendants before that court.

By a writ of summons later entered for hearing under the undefended list procedure, the plaintiff/respondent claimed against the appellants jointly and severally the following reliefs:-

"(1). The sum of #51,425, 791.81 (Fifty-one million, four hundred and twenty-five thousand, seven hundred and ninety-one naira, eighty-four kobo) being the outstanding debt balance (principal plus interest) of the credit loan facilities granted the 1st defendant at its own request for its cocoa produce business purpose between 1993-1995 cocoa sessions w…

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