CaseLaw
Peter Tiwell (Nig.) V. Inland Bank (1997) CLR 4 (l) (CA)
Brief
Facts
The respondent had brought a claim for N1,236,644.48 against the appellants under the undefended list. The principal amount was guaranteed by the 2nd appellant.
The appellants then brought an application before the trial court praying for extension of time within which to file their notice of intention to defend; leave to join the Attorney - General of Bauchi State and the Commission of Health, Bauchi as parties to the suit, leave to issue and serve on the Attorney - General of Bauchi Sate and the Commissioner of Health, Bauchi State as third parties to the suit, transferring the suit from undefended list and ordering pleadings. .
The appellants had argued that the loan facility was granted based on a document from Bauchi State Ministry of Health assuring the Bank that all payment due to the 1st appellant would be paid directly to the Bank and that the respondent was aware that the Bauchi State Government had not paid the 1st appellant its entitlement under the contract and could not therefore demand payment from the appellants. The appellants also challenged the sum of the interest claimed by the respondent. The respondent then filed a "counter affidavit" to which was annexed the 1st appellant's statement of account in the tune of the sum claimed.
Judgement was therefore entered for the respondent against the appellants for N1,236,644.48.
Being dissatisfied with the ruling of the High Court, the appellants appealed to the Court of Appeal.