A.A Macaulay V. Nal Merchant Bank Ltd (1990)

LawGlobal-Hub Lead Judgment Report

A.O. AGBAJE, J.S.C.

The plaintiff bank, NAL Merchant Bank Ltd., sued the defendant, Mr. A. A. Macaulay in a Lagos High Court claiming against him as follows:

The plaintiff’s claim against the defendant is for the sum of N93,490.95 (Ninety three thousand, four hundred and ninety naira, ninety-five kobo) being the amount due and payable by the defendant to the plaintiff as at 30th September, 1984 for money lent in form of a term loan to the defendant at the defendant’s request in the normal course of plaintiff’s business as a banker together with interest and the usual bank charges thereon, which sum defendant has refused and neglected to pay A in spite of repeated demands.

And the plaintiff also claims interest on the said sum of N93 ,490.95 at the rate of 91/2% per annum from 1st October, 1984 until judgment and thereafter at the rate of 91/2% per annum until final liquidation of the whole debt together with costs.

The writ of summons containing the claim, dated 21/11/84 and a statement of claim dated 21/11/84 were filed together in the Lagos High Court registry on this same day. Both were served upon the defendant.

Upon the failure of the defendant, within the time prescribed by law, to enter an appearance to the writ of summons or file a statement of defence to the plaintiff’s statement of claim, the plaintiff by motion on notice under order 9 rule 3 and order 24 rule 2 of the High Court of Lagos State Rules of Court and the court’s inherent jurisdiction, applied to court for the following relief:- An order entering final judgment for the plaintiff in the amount claimed in the plaintiff writ of summons and statement of claim together with interest as claimed upon default of appearance and or defence.

The application came up for hearing before Adeniji. J.. on 25/4/85. On that day, counsel for defendant sought and was granted an adjournment for him to regularise the defendant’s position. Nothing significant happened in the case until 1/7/85 when the following occurred in court before Adeniji, J:-

PARTIES.

Absent.

Bayo Adeniji – Fashola for plaintiff/applicant.

Mr. Joseph for defendant.

Case Adjourned. 8/7/85 to

enable defendant file statement of

defence before them with N200