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NNOKWA MICRO FINANCE BANK NIGERIA LIMITED v. AACB MICRO FINANCE BANK NIGERIA LIMITED

(2014) JELR 36664 (CA)

Court of Appeal  •  CA/E/230/2006  •  6 Mar 2014  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; IGNATIUS IGWE AGUBE JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): In this appeal, the respondent was the plaintiff in a suit which it instituted against the appellant as defendant in the High Court of Anambra State, holden at Awka. The plaintiff's claim as per the writ of summons against the defendant is as follows:

(a) The sum of N200, 000.00 (Two hundred thousand naira) being the said facility granted.

(b) 3% interest per month on the said sum of N200,000 from June, 2000 till judgment is delivered.

(c) 5% judicial interest from the date of Judgment till judgment debt is liquidated.

The suit was commenced under the undefended list procedure but on notice of defence given by the defendant, it was transferred to the general cause list and pleadings ordered. Pleadings were duly exchanged and suit was set down for trial on the 21/7/2003 and 23/7/2003 respectively. However, full trial commenced on 23/9/2003 in the absence of the appellant, and PW1 the bank manager testified on behalf of the …

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