CaseLaw
SGBN V. Adewunmi (2003) CLR 4(e) (SC)
Judgement delivered on April 11th 2003
Brief
Facts
This appeal by the Plaintiff Societe Generale Bank (Nig.) Limited is from a decision of the Court of Appeal Kaduna Division given on 20 April 1998. The Plaintiffs claim against the Defendant was for the sum of N66,216.01 being the outstanding balance of overdraft facilities and loan granted to the Defendant on 24 May 1982. The amount fell due but the Defendant had failed, refused and or neglected to pay despite repeated demands. The Plaintiff further claimed compound interest at the rate of 28% from 30 January 1993 to date of judgment and thereafter interest at the rate of 15% until the entire debt was liquidated. The Plaintiff brought this action under the Undefended List pursuant to order 22 rules 1 and 2 of the High Court Civil Procedure Rules of Kaduna State for recovery of the money. These proceedings were stalled owing to difficulties of service.
On 26 November 1993 the Plaintiff brought a motion ex parte for an order of Court granting them leave to serve the Defendant/Respondent with the writ of summons by substituted service.
On 17/1/94, the learned trial Judge granted the application. On 14/2/94 when the case came up for mention, the parties were absent and only the Plaintiffs/Appellants counsel was in Court. He informed the Court that the Writ of Summons was taken on the undefended list and that it was duly served on the Defendant. He then applied for judgment, since the Defendant/Respondent had not filed any Notice of Intention to Defend.
The learned trial Judge entered judgment "in favour of the Plaintiff against the Defendant in the sum of N66,216 and interest at the rate of 28% per annum from 30/1/93 to date and thereafter at 10% interest per annum until the judgment sum is liquidated." He also awarded N293.50 as costs against the Defendant.
In October 1995, the property of the Defendant/Respondent was sold to satisfy the judgment debt.
Defendant appealed to the Court of Appeal, which allowed its appeal.
Dissatisfied the Plaintiff/Appellant appealed to the Supreme Court.