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OWENA MASS TRANSPORTATION COMPANY LIMITED V. ENTERPRISES BANK LIMITED

(2014) JELR 42246 (CA)

Court of Appeal  •  CA/B/132/2005  •  16 Jan 2014  •  Nigeria

Coram
SOTONYE DENTON-WEST JCA; MOJEED ADEKUNLE OWOADE JCA; CORDELIA IFEOMA JOMBO-OFO JCA;

Appearances
Pius Olu Daodu Esq. For Appellant M. A. Fadunmoye Esq. For Respondent

Judgement
<p>SOTONYE DENTON-WEST, J.C.A. (Delivering the leading : ): This appeal stems from the judgment of Hon. Justice T. O. Osoba of the Ondo High Court of justice delivered on 15th of February, 2005. The Defendant being dissatisfied with the said judgment has appealed to this court.</p><p> From the records of this appeal, the Respondent as the Plaintiff at the trial court had commenced an action against the Appellant as the Defendant, by a writ of summons under undefended list dated 14th day of March, 2003 and filed on 30th October, 2003 but served by the order of the Court dated 10th February, 2003, the Plaintiff in the lower Court claimed against the Defendant the followings:</p><p> 1. The Plaintiff&#x27;s claim against the Defendant is for sum of N705,898.85 being the balance as at September 2011 of loan/overdraft facility advanced by the Plaintiff to Defendant at the letters&#x27; of request, which credit facility Defendant have refused to repay despite repeated demand.</p><p> The Plaintiff also claims interest i…</p>

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