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CENTRAL BANK OF NIGERIA v. STALLIONAIRE NIGERIA LTD.
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1 × ₦300
₦300
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Facts:
The appellants are customers of the respondent. The 1st appellant applied for and was granted a facility by the respondent. A Deed of Tripartite Legal Mortgage was executed amongst the parties, and the 2nd appellant personally guaranteed the loan. The appellants defaulted in repaying the facility and after repeated demands to no avail, the respondent filed a suit via the summary judgment procedure at the High Court of Lagos State against the appellants. The appellants filed their defence and after hearing the parties on their affidavit evidence, the trial court ruled in favour of the respondent and held that the appellants defence was a sham. The court awarded the sum of N20,706,593.39 (Twenty Million, Seven Hundred and Six Thousand, Five Hundred and Ninety Three Thousand, Thirty Nine Kobo) to the respondent as the outstanding indebtedness of the appellants on the facility. The court further granted 31% interest per annum on the sum from December, 2008 till the judgment was delivered and another 10% per annum until entire debt is repaid.
The appellants were dissatisfied with the ruling of the trial judge and consequently filed a notice of appeal at the Court of Appeal, Lagos Division urging the court to reverse the trial court’s decision. The appellants contended that they raised triable issues in their defence at the trial court by alleging that the respondent failed to show how the amount claimed accumulated and that the court failed to consider the amount of N800,000.00 (Eight Hundred Thousand Naira) it paid during the period the matter was still before the lower court. They further contended that they raised the issue of arbitrary interest rates which were used in arriving at the amount claimed and that the court failed to take the allegation into account before ruling against it.
The sole issue for determination is whether the trial court was not in error to have entered summary judgment against them having regards to the pleadings and evidence adduced by parties before the court.