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YISI NIGERIA LIMITED V. TRADE BANK PLC

(2013) JELR 53095 (SC)

Supreme Court  •  SC.86/2005  •  22 Feb 2013  •  Nigeria

Coram
MITCHELL CHRISTOPHER CHUKWUMA-ENEH JSC (Presided) BODE RHODES-VIVOUR JSC NWALI SYLVESTER NGWUTA JSC (Read the Lead Judgment) MUSA DATTIJO MUHAMMAD JSC CLARA BATA OGUNBIYI JSC

Judgement

NGWUTA JSC (Delivering the Lead Judgment): Endorsed on the writ of summons issued at the registry of the Ilorin Judicial Division of the Kwara State High Court on 21 November 1996 are the plaintiff’s claims against the defendant: 1. “The sum of $82,560.00 standing to the credit of the plaintiff as at 1 May 1992 in his accounts with the defendant. 2. Interest on the said plaintiff’s funds at 21% per annum from 1 May 1992 up to the date of judgment and thereafter at 10% on judgment sum until the judgment debt is fully liquidated. 3. A declaration that the plaintiff having paid a total of N5,200,000.00 (five million, two hundred thousand naira) as at 30 January 1995 and having substantial credit due to them as claimed in paragraphs 1 and 2 above could not and is not owing the defendant a staggering debt of N9,072,227.00 (nine A million, seventy-two thousand, two hundred and twenty-seven naira) as demanded in the defendant’s letter of 1 November 1996 or owing any sum whatsoever. An orde…

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