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HON. MOSES ADETOLA OGUNTIMEHIN v. UNITY BANK PLC

(2017) JELR 37563 (CA)

Court of Appeal  •  CA/AK/226/2016  •  23 Jun 2017  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; MOHAMMED AMBI-USI DANJUMA JCA; OBANDE FESTUS OGBUINYA JCA;

Judgement

UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Ondo State delivered on 27th July, 2016 by Hon. Justice W. A. Akintoye.

By a writ of summon together with a Statement of Claim dated 11th December, 2013 the Claimant now Respondent claimed against the Defendant now Appellant as follows:-

(i) The sum of N36,156,805.28k (Thirty Six Million, One Hundred and Fifty Six Thousand, Eight Hundred and Five Naira, Twenty-Eight Kobo only) being the outstanding amount owed by the Defendant to the Claimant as at 30th June, 2013.

(ii) Interest at the rate of 20% per annual from September 2007 till the date of judgment.

(iii) 10% interest from the date of judgment until final liquidation of the judgment debt.

(iv) An order of this Court directing the Claimant to sell the Defendant landed property, situate at Plot 12, Block VII, Okuta Elerinla Residential Scheme, Ilesha Road, Akure, the same measuring approximately 974.31 squar…

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