Judgment
ABUBAKAR MAHMUD TALBA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Ruling of the High Court of Justice Kaduna State Coram Hon. Justice E. Y. B. Lolo delivered on the 12th day of February, 2019 in suit No. KDH/KAD/421/2018.
By a writ of summons and statement of claim dated 23rd day of April, 2018, the Appellant as Plaintiff sought for the following reliefs against the Respondents. (a) A declaration that the 1st Defendant has no Legal Justification to charge compound interest on overdraft and loan accounts of the Plaintiff without her consent sought and obtained. (b) An order that the Defendants are entitled to only simple interest as agreed upon with the Plaintiff. (c) An order setting aside the claim of N33,652,244.61 (compound interest) on the overdraft and the loan accounts of the Plaintiff as same is without legal justification. (d) An injunction restraining the Defendant or whoever represents them from selling any of her property including the one at Gora Street Kakuri Kaduna pending the determination of the substantive suit.
In response the Respondents filed a statement of defence with other accompanying processes dated the 28th day of June, 2018. The Respondent also filed a motion on notice seeking for an order dismissing the writ of summons and the statement of claim for disclosing no reasonable cause of action. And for being scandalous, frivolous and vexatious. In a considered ruling the learned trial Judge struck out the writ of summons and dismissed the statement of claim. Aggrieved by the decision, the Appellant appealed to this Court vide a notice of appeal filed on 22nd of March, 2019.
At the hearing of the appeal on the 2nd day of November, 2021. N. E. Onyegbusi appeared for the Appellant and S. Y. Ndasule appeared for the first Respondent. The Court Registrar informed the Court that the 2nd Respondent was served with a hearing notice on 29th of October, 2021. The 1st Respondent’s counsel informed the Court that he filed a notice of Preliminary Objection on the 11th of March, 2020. It is argued at pages 5 paragraph E to F of the 1st Respondent’s brief of argument filed on 11th of March, 2020. He urged the Court to uphold the Preliminary Objection and dismiss the appeal.
