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SULEIKO COMMUNICATIONS LIMITED V. ACCESS BANK PLC

(2016) JELR 46486 (CA)

Court of Appeal  •  CA/K/334/2013  •  2 Jun 2016  •  Nigeria

Coram
IBRAHIM SHATA BDLIYA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Appearances
G. O. Akpowa For Appellant H. Suleiman with him, Emmanuel Ejim For Respondent

Judgement

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Kaduna State in Suit No KDH/KAD/58/2010 delivered by Honorable Justice D. Mallam on the 15th of March, 2013. The Appellant commenced the action in the lower Court and its claims against the Respondent were for:

i. A declaration that the Appellant's loan account with the Respondent has been debited with unauthorized illegal debits outside its loan agreement dated the 8th of April, 2009 amounting to tune of over N64 Million.

ii. A further declaration that the Respondent is not entitled to charge compound interest on the Appellant's account contrary to the agreement of the parties.

iii. A declaration that the Respondent is only entitled to charge the interest or rates agreed upon by the parties in the loan agreement with the Appellant.

iv. An order directing a thorough reconciliation of the Appellant's account with the Respondent by a reputable and independent f…

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