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's claims against the defendant:</p><p> "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'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'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 privโฆ</p>