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NEW NIGERIA BANK LTD. v. J. A. EDOMA & ORS

(2000) JELR 44084 (CA)

Court of Appeal  •  CA/B/237/91  •  12 May 2000  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; RAPHAEL OLUFEMI ROWLAND JCA; BABA ALKALI BA’ABA JCA;

Judgement

BA'ABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Bendel State High Court sitting in Benin Judicial Division delivered on 23/3/89 in suit No.B/22/87. The 1st respondent who was the plaintiff before the trial court claimed against the appellant who was the 2nd defendant in paragraphs 19 and 20 of the amended statement of claim as follows:-

"(i) Whereof the plaintiff claims the said sum of N139,036.78 and interest at the rate of 6% per annum from 20th October, 1981 until the whole debt is paid off.

(ii) The plaintiff can pay the amount claimed plus interest and costs."

Pleadings were ordered, amended and exchanged by parties. The parties called no witness but their counsel consented to admit all documents presented by the plaintiff/1st respondent. Thereafter, counsel addressed the court.

The learned trial Judge, E. Akpomudjere, J. delivered judgment on the 23rd day of March, 1989 and inter alia held:

"I am satisfied that the plaintiff has p…

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