May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 11105 In the Supreme Court of Nigeria Fri Apr 30, 2010 Suit Number: SC. 280/2002 CORAM PARTIES NKWO MARKET COMMUNITY BANK (NIG) […]
CORAM
PARTIES
NKWO MARKET COMMUNITY BANK (NIG) LTD APPELLANTS
PAUL EJIKEME UWABUCHI OBI
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant brought this action under the undefended list procedure against the respondent for interest on loan given to the respondent. The trial court awarded damages to the appellant. Dissatisfied, the defendant successfully appealed. The appellant has challenged the lower court’s judgment.
HELD
Appeal dismissed and order of the lower court affirmed
ISSUES
1. Whether that Court was right in its decision that this case ought not to have been heard and determined under the undefended list procedure of the trial Court by virtue of Order 24 Rule 9 of the Anambra State High Court Rules 1988.?
RATIONES DECIDENDI
CLAIM OF INTEREST
A plaintiff who claims interest must prove it before it is granted. Per MUNTAKA-COOMASSIE J.S.C
CONFLICT IN AFFIDAVITS OF PARTIES.
Where there is a conflict in the affidavits of the parties, evidence is the only way by which the conflict can be resolved and it is mandatory to enter the suit on the general cause list. See Ebong V. Ikpe (2000) 1 7 NWLR (pt. 797) 504, except where there is documentary evidence by which the conflict could be resolved. Per MUNTAKA-COOMASSIE J.S.C
CASES CITED
1. Ataguba & Co. V. Gura (Nig.) Ltd (2005) 8 NWLR (pt.927)429 SC;
2. Federal Military Govt Vs. Sanna ( 1990) 7 SCNJ 159
3. Ebong V. Ikpe (2000) 1 7 NWLR (pt. 797) 504
4. Alfotrin Vs A-G Federation (1996) 12 SCNJ 236