This is an appeal against the judgment of the Kano State High Court delivered on the 10th day of May, 199 in favour of the respondent in Suit No. K/743/98.
At all times material to this action, the appellant was a Current Account holder of the respondent bank and accordingly a Banker/Customer relationship subsisted between the parties. In the course of that relationship, the appellant being a Current Account holder of the respondent applied to the respondent for an overdraft facility in the sum of N1,000,000 (one Million Naira) only. The application was approved by the respondent and overdraft agreement dated 7th day of May, 1997 was executed by the parties.
Pursuant to the said overdraft agreement, the respondent advanced the sum of N1,000,000 (One Million Naira) to the appellant sometime in March, 1998. Upon expiration of the facility and the inability of the appellant to repay same in spite of repeated demands, the respondent took out a writ of summons against the appellant.
In the Writ of Summons issued on the Undefended List, the respondent, as plaintiff, claimed against the appellant as defendant in the following terms:
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“The plaintiff’s claim is for the sum of N1,931,893,88k (One Million, Nine Hundred and Thirty-One Thousand, Eight-Hundred and Ninety-Three Naira, Eighty-Eight Kobo), being money payable by the defendant to the plaintiff as at the 8th day of October, 1998, for money lent by the plaintiff to the defendant at the defendant’s request, and for interest agreed to be paid on money so lent. Defendant has refused, neglected and failed to pay the said sum despite repeated demands.
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Wherefore the plaintiff claims the said sum of N1,931,893,88k plus interest at the rate of 21% from the said 8th day of October, 1998 till judgment is entered and thereafter at the court’s rate until liquidate.
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And the plaintiff claims the costs of this action”.
The Writ was supported by an affidavit in support of Writ of Summons, on the ‘Undefended List’.
The appellant in response to the Writ, filed a Notice of intention to defend; an affidavit in support and a further affidavit in support of Notice of intention to defend.
At the end of the trial, the trial court entered judgment in favour of the respondent in the sum of N1,386,893.00k One Million, Three Hundred and Eighty Six Thousand, Eight Hundred and Ninety Three Naira) and the interest agreed to be paid on the money.
The appellant was aggrieved and dissatisfied with the judgment of the trial court. He therefore appealed
