Niger Aluminium Manufacturing Company Limited & Anor V. Union Bank Of Nigeria PLC (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AMINA AUDI WAMBAI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the decision of Kaduna State High Court in suit No. KDH/KAD/84/2005 delivered by Hon. Justice A. D. Yahaya on the 16th day of October, 2005 wherein Judgment was entered in favour of the Appellants against the Respondent.

By it’s writ of summons under the undefended list, the Respondent as Plaintiff before the Lower Court claimed against the Appellants as Defendants jointly and severally as follows:

“(1) The sum of Forty-Eight Million, Forty-Two Thousand, Six Hundred and Nine Naira, Thirty-Five Kobo N48,042,609.35) being the outstanding and unpaid balance as at 31st of January, 2005 in respect of overdraft facilities granted by the Plaintiff to the 1st Defendant and guaranteed by the 2nd Defendant.

(2) Interest on the said outstanding sum of N48,042,609.35 claimed at the rate of 27% Per annum from the 1st of February 2005 till the date of Judgment and thereafter at 10% per annum until the Judgment debt is liquidated”.

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The Respondent filed along with the writ of summon, a 5 paragraph affidavit and annextures marked as

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exhibits E. 01 to E. 07.

He obtained an order of Court on 17/02/2005 placing the suit on the undefended list and a further order for service of the processes on the Appellants by substituted means (by pasting)

The Appellants filed a notice of intention to defend supported by 21 paragraphed affidavit and 7 annextures marked as Exhibits 1-7. The learned trial Judge considered the two affidavits and their annextures and found that it had jurisdiction to entertain the matter and also that the Appellants did not disclose any defence on the merit. Consequently, the Court entered Judgment for the Respondent as claimed.

Unhappy with the said decision, the Appellants approached this Court by a notice of appeal filed on 05/08/2005 containing 2 grounds.

The notice of appeal was by leave of Court amended only to effect the new name of the Respondent from “Broad Bank of Nig. Ltd.” to its new Name of “Union Bank of Nigeria Plc.”.

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