OMEGA MARITIME AND ENERGY LTD & MR. BERNARD O. NZENWA V. INTERCONTINENTAL BANK PLC

ORJI-ABADUA JCA (Delivering the Lead Judgment): The respondent instituted an action against the appellants by a writ of summons filed on 5 March 2010, together with the respondent’s statement of claim wherein it claimed as follows:

“Whereof the claimant claims against the defendants jointly and severally for:

(a) Immediate payment of the sum of N56,864,314.52 (fifty-six mil ion, eight hundred and sixty-four thousand, three hundred and fourteen naira, fifty-two kobo) being the sum owed to the claimant by the defendants as at 30 November 2009 as a result of the bridging finance facility availed by the claimant to the defendant.

(2) Interest at the rate of 21.5% per annum from 2 December 2009, until judgment is given in this suit and until full liquidation of the judgment sum.”

Filed along with the writ of summons and statement of claim on 5 March 2010, was a motion on notice dated 4 March 2010, praying for an order entering summary judgment against the defendants in favour of the claimant…