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SANTORY COMPANY LTD. & ANOR. V. BANK OF THE NORTH LTD.

(2004) JELR 42164 (CA)

Court of Appeal  •  CA/A/97/98  •  6 Apr 2004  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; ZAINAB ADAMU BULKACHUWA JCA; ALBERT GBADEBO ODUYEMI JCA;

Judgement

BULKACHUWA, J.C.A. (Delivering the Leading Judgment): The respondent, as plaintiff before the High Court of the Federal Capital Territory by a writ of summons dated 12/4/95 claimed against the defendant/appellant the following reliefs:

"The plaintiff claim jointly and severally against the defendants the sum of N1,245,539.30 being debt owed and due to plaintiff as at January 1995 as a result of credit facilities made available to the defendants on 20th August, 1993 which debt the defendant has failed, refused and/or neglected to settle, inspite of repeated demands.

Whereof the plaintiff claim as follows:

(1) The said sum of N1,245,539.30

(2) Interest at

(a) current bank rate up to date of judgment

(b) 10% per annum till settlement of the judgment debt.

Thereafter, on the 24/4/95, the plaintiff filed a motion ex-parte whereby he sought for an order of interim attachment of vehicle Mercedes Benz 200 with registration No. LCA 7401 TA and Honda Accord registration No. PL 19 KRV, proper…

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