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UNITED BANK FOR AFRICA PLC & ANOR V. ALHAJI BABANGIDA JARGABA

(2001) JELR 44301 (CA)

Court of Appeal  •  CA/K/323/00  •  28 Jun 2001  •  Nigeria

Coram
ISA AYO SALAMI JCA; RABIU DANLAMI MUHAMMAD JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA;

Judgement

OMAGE, J.C.A. (Delivering the Leading Judgment): In the high Court number 10, in the Kaduna State High Court Coram Gregory S. Lawan J., a judgment was delivered on 3rd July, 2000. The judgment was delivered in a suit filed under the undefended list procedure, the leave to issue which his lordship had granted earlier.

The judgment inter alia is as follows:

"It is true that a defence that I am not liable is a defence, but from the facts of this case and the affidavit evidence and documents, there is no defence on merit. I accordingly enter judgment against the 2nd defendant in favour of the plaintiff."

The endorsement on the writ of the plaintiff is;

"For a claim against the defendants jointly and or severally in the sum of ₦1,960,000.00 being outstanding arising from the failure of the defendants to fully supply to the plaintiff the required numbers of trucks load of fertilizers 2-10 percent interest on the judgment sum and cost of this action."

The facts of the case as contained in t…

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