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NATIONAL BANK OF NIGERIA LIMITED v. GUTHRIE (NIG.) LIMITED & ANOR

(1993) JELR 35508 (SC)

Supreme Court  •  SC.107/1987  •  2 Apr 1993  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; SAIDU KAWU JSC; ABUBAKAR BASHIR WALI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SHEHU USMAN MOHAMMED JSC;

Judgement

UWAIS, J.S.C. (Delivering the Leading Judgment): An action was commenced in the High Court of Lagos State by a Writ of Summons taken out by the appellant as plaintiff, against the respondents as 1st and 2nd defendants respectively. In the Statement of Claim filed by the plaintiff paragraph 14 thereof reads thus:-

"14. Whereof the plaintiff claims against the 1st and 2nd defendants jointly and severally as follows:-

(1) Declaration that the 2nd defendant is liable as the guarantor of the 1st defendant to pay the balance of overdraft in the sum of N512,584.75 and interest thereon.

(2) Judgment for N512,574.75 being balance of the overdraft payable by the defendants as at the 31st day of August, 1984 and interest thereon at the rate of 13% (thirteen per centum) per annum with effect from the 1st day of September, 1984 until the whole debt with interest is settled.

(3) Any further judgment or other orders as this Honourable Court may consider necessary to give in favour of the plaintiā€¦

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