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The appellants were customers of the defunct Afribank Plc and were alleged to be
indebted to the bank to the tune of N665,723,677.49 (Six Hundred and Sixty Five
Million, Seven Hundred and Twenty Three Thousand, Six Hundred and Seventy
Seven Naira, Forty Nine Kobo) being unpaid facility advanced to the appellants.
The respondent purchased the debt from Afribank Plc and subsequently made a
demand to the appellants for payment of the debt. The respondent eventually filed
a claim against the appellants at the Federal High court via the summary judgment
procedure. The appellants responded to the suit by filing their defence. After hearing the parties on the suit, the trial court gave judgment in favour of the respondent on
the ground that the appellants do not have a good defence to the claim of the
respondent. The appellants were dissatisfied with the holding of the trial court and
consequently filed a notice of appeal at the Court of Appeal, Lagos Division.
One of the issues for determination is whether the learned trial judge was not
wrong in law when he entered final judgment summarily against the appellants
and in favour of the respondent with respect to its claim in the circumstances of
the matter.