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SPARKLING BREWERIES LTD. & ANOR v. BANK OF CREDIT & COMMERCE INTERNATIONAL (NIGERIA.) LTD.

(2002) JELR 33140 (CA)

Court of Appeal  •  CA/B/150/94  •  6 May 2002  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND JCA; BABA ALKALI BA’ ABA JCA; KUMAI BAYANG AKAAHS JCA;

Judgement

AKAAHS, JCA (Delivering the Leading Judgment): This appeal deals with the propriety of entering default judgment, when the case has been adjourned for report of settlement, and while a motion seeking extension of time to file the statement of defence is pending.

The facts of this case may be stated briefly as follows:-

Bank of Credit and Commerce International (Nig.) Limited was the plaintiff in suit No. UHC/43/86. The bank took out a writ of summons in the Ughelli Judicial Division, claiming against the defendants now appellants, the following reliefs which were amended in paragraph 9 of the statement of claim:-

"9. Whereof the plaintiff claims against the defendants jointly and severally:

(a) Balance of the debt as at 30/6/87, ₦378,571.96

(b) Interest thereon at the rate of 15% per annum until judgment.

(c) In the alternative, an order enjoining the defendants to execute a Deed of Legal Mortgage and to execute all necessary documents, mortgaging the property covered by Certificate o…

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