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UNIVERSAL TRUST BANK OF NIGERIA LTD V. TURA TRAVELS TOURS LIMITED & ORS

(1997) JELR 33787 (CA)

Court of Appeal  •  CA/K/190/96  •  5 Jun 1997  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; MAHMUD MOHAMMED JCA; IBRAHIM TANKO MUHAMMAD JCA;

Judgement

MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The claim of the appellant as plaintiff at High Court of Justice No. 9, Kano State (the trial court) against the respondents as defendants was for the sum of N5, 953,545.76 (Five million, nine hundred and fifty three thousand, five hundred and forty five naira, seventy six kobo) being money lent to the defendants by the plaintiff as bankers at the request of the defendants plus the accrued interest, as at 31st December, 1995. The appellant further claimed interest at the rate of 21% per annum from the 1st day of January, 1996 until final liquidation of the entire debt.

The suit was filed under the Undefended List on the 16/2/96. Notice of Intention to defend dated 23/5/96 was equally filed by the respondents/defendants. Arguments were taken by the learned trial Judge from learned counsel for the respective parties on the 27/6/96. On 25/7/96, the learned trial Judge delivered his ruling in which he ordered that the case be transferred…

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