KHA-LAD NIGERIA LIMITED & ANOR V. UNITY BANK PLC

OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): This appeal is over the summary judgment of the Kaduna State High Court (the lower Court). Before that Court, the Respondent Unity Bank Plc as the plaintiff, by a writ of summons for summary judgment, claimed against the Appellant as the defendant, the sum of N41,314,247.94 being the aggregate of the outstanding debt balance in the current and loan accounts of the 1st Appellant Kha-Lad Nigeria Ltd, with Respondent. The Respondent had granted a loan facility to the 1st Appellant which facility was guaranteed by the 2nd Appellant Mrs Ladi B. Mshelia. The Respondent in addition to the aggregate amount claimed also claimed interest at two rates until the final liquidation of the Judgment debt. In its statement of claim at the lower Court, the Respondent gave copious details of the transaction between it and the Appellants. On 28/10/13, the Respondent filed a motion on notice praying the lower Court to enter Summary Jud…