Hadyer Trading Manufacturing Limited & Anor V. Tropical Commercial Bank (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Kano State High Court, in suit No.K/109/2003, delivered by Hon Justice Shehu Atiku on 19th May, 2010, wherein the Lower Court entered judgment against the Appellants in the sum of Twenty four million, three hundred and fifty eight thousand, two hundred and seventy nine naira (N24,358,279.00), with interests.

Appellants were the Defendants at the Lower Court, where the Respondent as, Plaintiff, claimed for the following reliefs:

“(a) The sum of N24,358,279.20 (Twenty four millions, three hundred and fifty eight thousand, two hundred and seventy nine naira, twenty kobo), being the outstanding debit balance in the Defendants’ Current Account No.400285-020 as at 13th December, 2002 in favour of the Plaintiff.

(b) Bank interest on the said sum at the rate of 29% per annum from 10th November 2002 to the date of judgment and thereafter court interest at the rate of 10% per annum until the judgment debt/sum is fully liquefied”

Appellant filed the appeal as per pages 310 – 311 of the Records of Appeal and disclosed four Grounds of Appeal as follows:-

“(1) The learned trial Judge erred in law when he held that the Defendants/Appellants are liable to the Plaintiff in the sum of N24,358,279 on the basis of Exhibits A, B, C, D and E.

PARTICULARS OF ERROR:

(i) Exhibits A, B and C are cheques drawn by 1st Defendant/Appellant to total sum of which equal N2,783,000 …

(ii) Exhibit E is the statement of account of the 1st Defendant/Appellant

(iii) Pages 2, 3, 4, 5 and 6 (representing transaction between March, 1997 – April, 1998) of this vital document are missing.

(2) The learned trial Judge erred in law when he held that the 2nd Defendant/Appellant was liable to the Plaintiff jointly and severally.

PARTICULARS OF ERROR:

(i) The evidence before the Court was that the 2nd defendant guaranteed a loan of N5m