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CHIEF FESTUS SUNMOLA YESUFU V. AFRICAN CONTINENTAL BANK LTD

(1980) JELR 33942 (SC)

Supreme Court  •  SC.48/1979  •  25 Jan 1980  •  Nigeria

Coram
MOHAMMED BELLO JSC; AYO GABRIEL IRIKEFE JSC; KAYODE ESO JSC; MUHAMMADU LAWAL UWAIS JSC; AUGUSTINE NNAMANI JSC;

Judgement

K. ESO, J.S.C. (Delivering the Leading Judgment): We dismissed this appeal on 26th November, 1979 and reserved our reasons. My Lords, I now give my reasons for agreeing that the appeal be dismissed.

In the court of trial, the plaintiffs (the African Continental Bank) who are now the Respondents in this Court, and who would hereinafter be referred to as the Respondents in this judgment, took out a writ of summons against the Defendant, Chief Festus Sunmola Yesufu, who is the Appellant in this court, and would hereinafter be referred to as the Appellant

". . . for the sum of N1,128,057.40 (One Million, One Hundred and Twenty-Eight Thousand, Fifty-Seven Naira, Forty Kobo) being money granted to the Defendant at his request, by way of overdraft accommodation and/or facilities from the plaintiff who are Bankers. As at 30th April, 1976, the defendant was granted the total sum of N1, 128,057,040, aforesaid, as overdraft drawn on his current account No. 2285 with the plaintiff at Benin City w…

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