Societe Generale Bank (Nig.) Ltd V John Adebayo Adewunmi (2003)

LAWGLOBAL HUB Lead Judgment Report

KATSINA-ALU, JSC

This appeal by the plaintiff Societe Generale Bank (Nig.)Limited is from a decision of the Court of Appeal Kaduna Division given on 20April 1998.

The plaintiff’s claim against the defendant was for thesum N66,216.01 being the outstanding balance of overdraft facilities and loangranted to the defendant on 24 May 1982. The amount fell due but the defendanthad failed, refused and/or neglected to pay despite repeated demands. Theplaintiff further claimed compound interest at the rate of 28% from 30 January1993 to date of judgment and thereafter interest at the rate of 15% until theentire debt was liquidated. The plaintiff brought this action under theUndefended List pursuant to order 22 rules 1 and 2 of the High Court CivilProcedure Rules of Kaduna State for recovery of the money. These proceedingswere stalled owing to difficulties of service.

On 26 November 1993 the plaintiff brought a motion exparte for the following orders:

“1. An order of court granting the plaintiff/applicantleave to serve the defendant/respondent with the plaintiff writ of summons bysubstituted service by pasting same on the defendant’s Residence and last knowaddress:- viz.

JOHN ADEBAYO ADEWUNMI

KB 29 KUSE ROAD

KABALA EAST

P.O. BOX. 10239

KADUNA

And to deem same as good and proper service on thedefendant.

AND for such further or other orders as this Honourablecourt will deem fit to make in the circumstances.”

On 17 January 1994 the learned trial Judge granted theapplication in the following terms:

“The application is granted as prayed. The Defendant shallbe served with the Writ of Summons by substituted means namely by pasting sameat the Defendant’s residence which is No. 29 Kuse Road Kabala East Kaduna andthe same shall be deeded good and proper service. I adjorn this matter to14/2/94 for mention”