Societe Generale Bank Nigeria Ltd. V. John Adebayo Adewunmi (2003)

LAWGLOBAL HUB Lead Judgment Report

I. KATSINA-ALU, J.S.C.

This appeal by the plaintiff Societe Generale Bank (Nig.) Limited is from a decision of the Court of Appeal Kaduna Division given on 20 April, 1998. The plaintiff’s claim against the defendant was for the sum of N66,216.01 being the outstanding balance of overdraft facilities and loan granted to the defendant on 24 May, 1982. The amount fell due but the defendant had failed, refused and or neglected to pay despite repeated demands. The plaintiff further claimed compound interest at the rate of 28% from 30 January, 1993 to date of judgment and thereafter interest at the rate of 15% until the entire debt was liquidated. The plaintiff brought this action under the undefended list pursuant to Order 22 rules 1 and 2 of the High Court (Civil Procedure) Rules of Kaduna State for recovery of the money. These proceedings were stalled owing to difficulties of service.

On 26 November, 1993 the plaintiff brought a motion ex parte for the following order:-

“1. An order of court granting the plaintiff/appellant leave to serve the defendant/respondent with the plaintiff writ of summons by substituted service by pasting same on the defendant’s residence and last known address:- viz.

MR. JOHN ADEBAYO ADEWUNMI

KB 29 KUSE ROAD

KABALA EAST

P.O. BOX 10239

KADUNA.

And to deem same as good and proper service on the defendant.

2. AND for such further or other orders as this Honourable court will deem fit to make in the circumstances.”

On 17 January, 1994 the learned trial Judge granted the application in the following terms:-

“The application is granted as prayed. The defendant shall be served with the writ of summons by substituted means namely by pasting same at the defendant’s residence which is No.29, Kuse Road Kabala East Kaduna and the same shall be deemed good and proper service. I adjourn this matter to 14/2/94 for mention”.

On 14/2/94 the following took place:

“Parties – absent.