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LLYODS DEVELOPMENT COMPANY LIMITED & ANOR V. BULLION TRUST & SECURITIES LIMITED

(2016) JELR 41274 (CA)

Court of Appeal  •  CA/L/04/2002  •  16 May 2016  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA; JAMILU YAMMAMA TUKUR JCA;

Appearances
O. I. SOKUNBI (HOLDING THE BRIEF OF YINKA MUYIWA ) For Appellant O. OSHOBI, WITH HIM, T.F ORUNMUYI (MRS) AND K. ANAKWENZE (MISS) For Respondent

Judgement

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A.(Delivering the Leading Judgment): By a Writ of Summons and Statement of Claim dated 13th September 1993, the Respondent herein as plaintiff, commenced an action against the Appellants as Defendants for the following reliefs:-

(a) The sum of N25,021,799.20 (Twenty-Five Million, Twenty One Thousand, Seven Hundred and Ninety Nine Naira, Twenty Kobo) representing the total amount outstanding against the 1st Defendant in respect of the short term credit facilities granted to the 1st Defendant by the Plaintiff at the 1st Defendants request which facilitates the 2nd Defendant giving personal undertaking to be jointly and severally liable to re-pay and which the 1st Defendant has failed, neglected and/or refused to pay and discharge, despite repeated demands.

(b) Continuing interest at the rate of 13% per month from the 27/7/93 until the entire amount outstanding is discharged.

(c) An order of specific performance of the Agreement between the plaintiff a…

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