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NATIONAL BANK OF NIGERIA LTD V. ARISON TRADING & ENGINEERING COMPANY LIMITED

(2006) JELR 51318 (CA)

Court of Appeal  •  CA/I/242/2001  •  6 Feb 2006  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA (Presided) GERTRUDE I. UDOM-AZOGU JCA (Read the Lead Judgment) RAPHAEL CHIKWE AGBO JCA

Appearances
Appellant’s counsel absent. -*- Olu Daramola - for the Respondent.

Judgement
<p><strong> UDOM-AZOGU JCA (Delivering the Lead Judgment): </strong> This appeal is against the judgment of the High Court of Ogun State sittingat Abeokuta delivered on 10th day of September, 1999 by Hon. Justice O. O. Olopade in which he dismissed the counter-claim of the defendant now appellant and granted the claim of the plaintiff now respondent.</p><p>Dissatisfied with the judgment of the court below the appellant filed three grounds ofappeal dated20th September,1999. The appellant formulated three issues for determination thus:</p><p>(1) Whether the counter-claim of the defendant/appellant is still statute-barred in spite of the admissionmade by the respondent after the statutory period of limitation.</p><p>(2) Whether it is incumbent upon a bank to inform a customer or obtain his consent before charging interest rate in respect of loan granted to the customer. (3) The judgment of the learned Judge was against the weight of evidence.</p><p>On his part, the respondent distilled three issues for determination as follows:- A Whe…</p>

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