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RAM ADAN NIGERIA LIMITED ALHAJU GANIYU ADEWOPO V. AFRIBANK PLC.

(2005) JELR 50868 (CA)

Court of Appeal  •  CA/K/384/01  •  13 Apr 2005  •  Nigeria

Coram
MAHMUD MOHAMMED OFR, JCA (Presided) STANLEY SHENKO ALAGOA JCA KUDIRAT M. O. KEKERE-EKUN JCA (Read the Lead Judgment)

Appearances
Terngu Chia - for the Appellants . Biola Oyebanji - for the Respondent .

Judgement
<p><strong> KEKERE-EKUN JCA (Delivering the Lead Judgment): </strong> This is an A appeal against the judgment of Hannatu Balogun J. of the Kaduna High Court delivered on 12th April, 2000. The respondent as plaintiff at the lower court filed an action against the appellants who were defendants under the undefended list procedure claiming the sum of N18,464,507.61 being the principal sum plus interest in respect of loan facilities granted to the 1st defendant by the plaintiff and guaranteed by the 2nd defendant. The writ of summons was accompanied by an affidavit in support of the claim with exhibits annexed thereto. Upon service of the writ of summons on them, the defendants filed a notice of intention to defend pursuant to Order 22, rule 3 of the Kaduna State High Court (Civil Procedure) Rules, 1987. They also filed an affidavit in support of the notice. When the suit came up for hearing, the defendants’ counsel was absent. Learned counsel for the plaintiff addressed the court and urged it to enter judg…</p>

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