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YISI NIGERIA LIMITED V. TRADE BANK PLC

(2013) JELR 35853 (SC)

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

Coram
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC; BODE RHODES-VIVOUR JSC; NWALI SYLVESTER NGWUTA JSC; MUSA DATTIJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC;

Appearances
George Alao, Esq. For Appellant Sheni Ibiwoye, Esq (with him Theophilus Okwute Esq) For Respondent

Judgement
<p>NWALI SYLVESTER NGWUTA, J.S.C. (Delivering the Leading Judgment): Endorsed on the Writ of Summons issued at the Registry of the Ilorin Judicial Division of the Kwara State High court on 21/11/96 are the plaintiff&#x27;s claims against the defendant:</p><p> &quot;1. The sum of $82,560.00 standing to the credit of the plaintiff as at 1st of May 1992 in his accounts with the defendant.</p><p> 2. Interest on the said plaintiff&#x27;s funds at 21% per annum from 1st May, 1992 up to the date of judgment and thereafter at 10% on judgment sum until the judgment debt is fully liquidated.</p><p> 3. A declaration that the plaintiff having paid a total of N5,200,000.00 as at 30th 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 as demanded in the defendant&#x27;s letter of 1st November, 1996 or owing any sum whatsoever.</p><p> 4. An order of injunction restraining the defendant by themselves, their servants, agents and/or privโ€ฆ</p>

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