CaseLaw
S.B.N. Plc V. Kyentu (1998) CLR 2 (b) (CA)
Brief
Facts
Respondent mortgaged his property to the appellant by using it as collateral for a loan granted to Yakubu Adamu. The property was sold eventually to a third party. Respondent then commenced his claim under the Undefended List procedure pursuant to Order 23 rules 1 to 5 of the Plateau State High Court (Civil Procedure) Rules 1987 claiming N360,000.00 being the sum of money for which (as he claimed) the property was sold, with interest at the rate of 31% from 30/6/89 until the amount is fully liquidated.
The appellant's address for service on the writ of summons was indicated to be Savannah Bank of Nigeria Limited, No 21 Murtala Muhammed Way, Jos Upon being served, the appellant by its counsel filed:
The affidavit in support of applications (b) and (c) is the same. It was sworn to by the litigation secretary of the appellant's counsel.
On 26/11/91 the appellant filed another motion on notice praying, inter alia, for leave of court to amend its affidavit in support of its Notice of intention to defend the suit. This motion was argued on 4/12/91 and dismissed the same day in a short ruling in which the court concluded that the motion was an abuse of court process.
It was held that the writ issued and served on the appellant's bank at its branch office in Jos is competent and that the respondent was entitled to judgment. Judgment was entered for the respondent in the sum of N360,000.00 with N350 costs.
Appellant dissatisfied with the judgment appealed to the Court of Appeal.