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NIGERIAN DEBTOR & CREDITOR CASES [POLICY, PRACTICE & PUBLISHING LAW REPORTS]

Bankruptcy      Collections      Credit & Mortgage     Debt Recovery    Insolvency     Receivership    AMCON Actions
Comprehensive A-Z PDF Copy of this Index complete with "Citations" and "Main Issues" either singly or as a compendium of other CATEGORIES  - are available for a fee. Just fil this FORM HERE or email lawnigeria@gmail.com & treentrees@gmail.com or info@lawnigeria.com

TITLE

MAIN ISSUES

DEBS V MISSRI           

DEBTOR AND CREDITOR - PROMISSORY NOTES: Guiding principles on recovery of payment and interest based on a promissory note

DIAMANTIDI V GROSVENOR SECURITIES LIMITED AND THE GUILDHALL TRUST LIMITED

DEBTOR AND CREDITOR LAW:- Recovery of money due and payable under an agreement backed by a surety – Solvency of company – Meaning - How treated

DOHERTY v. OGBARA

DEBTOR AND CREDITOR LAW:- Recovery of debt from husband-wife business enterprise goods merchandizing business – Nature of documents required to prove case – Need to prove case on the balance of probability

DORTMUND COMPANY LIMITED & ANOR V. MR. ABUGU ELIAS

DEBTOR AND CREDITOR – JUDGMENT DEBTOR – STAY OF EXECUTION:- Guiding principles – Relevant considerations

DR. S.M.O. NNORUKA V. C.C. EZEKWEM

 

E. A. AJETUNMOBI V. ISAAC OMOWUNMI

DEBTOR AND CREDITOR LAW: Whether failure to prove compliance with a requirement of Moneylenders Ordinance, Cap. 124 invalidated a claim for recovery of loan

EKAETE V. UNION BANK OF NIGERIA PLC

DEBTOR AND CREDITOR:- Recovery of Bank loan – Applicable procedure – Relevant considerations

 

EKULO FARMS LIMITED V UNION BANK OF NIGERIA PLC.

DEBTOR AND CREDITOR LAW:- Recovery of loan – Use of undefended list procedure – How treated

ELDER ESEME AKPAN v. EKANABASI ASIBONG UBONG

DEBTOR AND CREDITOR LAW:- Friendly loan agreement reduced into writing – How recovered via an undefended list procedure – Whether oral evidence can be admitted to vary the terms of the written agreement – Relevant considerations

DEBTOR AND CREDITOR LAW:- The undefended list procedure if the High Court – Use of in obtaining expedited decisions regarding liquidated money claims 

ELEGBE V. BABALOLA

 

ELIZABETH ETIM ENEYO v. ADIM EFFIOM NSA & ANOR

DEBTOR AND CREDITORJUDGMENT DEBTOR: Time-bound order of payment made by court guaranteed against property of debtor – When debtor dies before expiration of time without fully satisfying the debt – Liability of his estate/heirs thereto – Relevant considerations

EMORI, ESQ. V. HON. EGWU ARONG EGWU & ANOR

DEBTOR AND CREDITOR – LEGAL FEES:- Action for recovery of fees from client – Necessary parties where client is a government parastatal – Where supervising Ministry is a necessary party that should be joined –Relevant considerations

ENEKWE V INTERNATIONAL MERCHANT BANK OF NIGERIA LTD

DEBTOR AND CREDITOR:- Recovery of secured loan due and unpaid -

ESIN V MATZEN & TIMM (NIGERIA) LTD

 

ELDER ESEME AKPAN v. EKANABASI ASIBONG UBONG

DEBTOR AND CREDITOR LAW:- Friendly loan agreement reduced into writing – How recovered via an undefended list procedure – Whether oral evidence can be admitted to vary the terms of the written agreement – Relevant considerations

ELIZABETH ETIM ENEYO v. ADIM EFFIOM NSA & ANOR

DEBTOR AND CREDITORJUDGMENT DEBTOR: Time-bound order of payment made by court guaranteed against property of debtor – When debtor dies before expiration of time without fully satisfying the debt – Liability of his estate/heirs thereto – Relevant considerations

EMORI, ESQ. V. HON. EGWU ARONG EGWU & ANOR

DEBTOR AND CREDITOR – LEGAL FEES:- Action for recovery of fees from client – Necessary parties where client is a government parastatal – Where supervising Ministry is a necessary party that should be joined –Relevant considerations

EZEKIEL OKOLI V. MORECAB FNANCE (NIG) LTD.

 

FARYAB v SMITH

DEBTTOR AND CREDITOR:- Bankruptcy – Cause of action – Trustee’s decision to assign to defendant – Application by bankrupt for assignment to him – Whether trustee’s decision to be reversed

FEDERAL PUBLIC TRUSTEE V SOBAMOWO

 

FENELON MACHADO S.A V ADEBOWALE

 

FERGUSON V DAVIES

DEBTOR AND CREDITOR:- Accord and satisfaction – Acceptance of lesser sum – Cheque – Defendant sending cheque to plaintiff with letter stating it to be in full settlement – Defendant admitting on court form that cheque amount was due but asserting that remainder of claim had been paid – Plaintiff cashing cheque for part of debt but giving notice of continuing action – No consideration given to plaintiff in addition to cheque – Whether letter and court form constituting offer of settlement or admission of liability – Whether plaintiff’s cashing of cheque constituting accord and satisfaction of claim.

FESTUS SUNMOLA YESUFU V. AFRICAN CONTINENTAL BANK LTD

 

FINIMA VENTURES LIMITED & ANOR v. CHIEF YOUNG S. TOBIN & ORS

DEBTOR AND CREDITOR - ORDER FOR PAYMENT OF A SUM:- Whether the court by virtue of section 5 of the Rivers state high court rules in an interlocutory proceeding where a party's right to a specific fund is in dispute can be paid into the court on the application of that party

FIRST BANK OF NIGERIA PLC v. ALEXANDER N. OZOKWE

DEBTOR AND CREDITOR LAW - NECESSARY PARTY TO SUIT – RECOVERY OF VALUE ON A BILL OF EXCHANGE:- Where collecting bank is in receipt of money for consideration which had changed – Where collecting bank has refused to pay over the money to the drawer/exporter citing non-receipt of documents certifying fulfilment of condition precedent - Claim to recover said money as money had received from collecting bank – Whether drawer or corresponding bank are necessary parties to the suit

FIRST BANK OF NIGERIA v. IFIOK EYO I. AKPAN & ANOR.

DEBTOR AND CREDITOR - RIGHT OF AN UNPAID MORTGAGEE:- When the right of an unpaid mortgagee can lawfully arise

FIRST NATIONAL SECURITIES LTD. v. JONES AND ANOTHER

DEBTOR AND CREDITOR:-Deed - Execution - Seal - Mortgage - Printed form described as legal charge - Document in form of deed with circle inscribed "L.S." - Signature across circle - Document attested but no seal affixed or wafer - Whether due execution.

FRAZIMEX NIG. LTD & ANOR v. DOATEE CONCEPTS NIG. LTD

 DEBTOR- CREDITOR LAW- - UNDEFENDED LIST PROCEDURE- whether a court should allow a defendant who has no real defence to an action on the undefended list to dribble and frustrate the plaintiff

GASALIYU OLA-IYA V. ALHAJI YAKUBU LASISI

DEBTOR AAND CREDITOR:- Recovery of payments pursuant to a sale – Transaction with disputed character [Hired-purchase or Credit –sale] – Appeal arising therefrom – Where suit originated via incompetent processes – How treated

GENERAL AUCTION ESTATE AND MONETARY COMPANY v

DEBTOR AND CREDITOR:- Recovery of loan from Incorporated company with no express powers to take loan – Whether power can had an implied power to borrow money for the purposes of its business

GOVERNOR AND COMPANY OF THE BANK OF IRELAND V LENNON

 

GOVERNOR TEGHWETE EJARUNE V THE QUEEN

DEBTOR AND CREDITOR:- Agreement for grant of limited credit – Produce buyer for company - Misrepresentation inducing a grant beyond limit – Whether amounts to theft and fraudulent conversion or a debt to be paid back – How treated

GROSVENOR CASINOS LTD V. GHASSAN HALAOUI

DEBTOR AND CREDITOR - FOREIGN JUDGMENT:- Judgment debtor – Where neither carrying on business, nor ordinarily resident in the country within the jurisdiction of the original Court, nor appeared or otherwise submit to or agree to submit to the jurisdiction of that Court – Whether judgment arising from such foreign court can be registered against him in Nigeria

GUFFANTI (NIGERIA) PLC V. PIDRELLA INSTALT - VADUZ & ORS

DEBTOR/CREDITOR LAW:- An application which amounts to depriving a judgment creditor the fruits of his judgment – How treated

 

HALIFAX BUILDING SOCIETY AND ANOTHER v. KEIGHLEY AND ANOTHER

DEBTOR AND CREDITOR:- Mortgage of property covered by Fire Insurance - Insurance by Mortgagor apart from Statute and Mortgage Deed - Fire - Payment of Insurance Money to Mortgagor - Right of Mortgagee to Money paid to Mortgagor - Subrogation - Statute - Repeal - Extent of - Conveyancing Act, 1881 (44 & 45 Vict. c. 41), s. 23, sub-ss. 3, 4 - Law of Property Act, 1925 (15 Geo. 5, c. 20), s. 108, sub-ss. 3, 4; s. 207.

HASSAN GARBA v. MUSA LAWAN BIRNIWA & ANOR

DEBTOR AND CREDITOR:- Mortgage – Legality of a mortgage based on a third party’s property which was delivered to mortgagor as security for loan – Whether property can be recovered from mortgagee by third party on ground of illegality – How treated

DEBTOR AND CREDITOR:- Title documents used as security for a loan – Where wrongfully used by creditor to obtain a loan from a bank which subsequently became distressed and is under receivership/management by NDIC– Whether injunction can be issued against receiver for the recovery of title document

HL (4) LTD V WALTER AMBROSINI AND ANOTHER

DEBTOR AND CREDITOR:- Mortgages – Possession proceedings – Judge finding that he ought not to postpone giving the mortgagee possession – Whether mortgagor should be granted leave to appeal against decision

HUNT V WORSFOLD

DEBTOR AND CREDITOR LAW:- Mortgage – Matters arising therefrom - Party seeking invalidation of mortgage or its satisfaction so as to yield him possession of property connected therewith – Whether necessary party to proceedings

HYDRO-TECH NIGERIA LTD & ANOR V. LEADWAY ASSURANCE CO. LTD & ORS

DEBTOR AND CREDITOR LAW:- Equitable Mortgage – How created - Mere deposit of the title deeds which could be received or retained as a security for a loan - Agreement to create a legal mortgage - Mere equitable charge of the mortgagor's property

DEBTOR AND CREDITOR LAW:- Equitable mortgage - Whether it is unknown to law that an equitable mortgage is required to be registered before it can be held enforceable and/or admissible – Whether only a legal mortgage is mandatorily required to be made in deed form, executed by both parties and registered in accordance with the extant Law

I. M. IDOSU V ABUDU Y. OJIKUTU

DEBTOR AND CREDITOR:- Garnishee proceedings – Third party applications – How treated

IBETO V AMINU

DEBTOR AND CREDITOR LAW:– Recovery of loan secured via document for purchase of land – relevant considerations

IBIYEYE V FOJULE

DEBTOR AND CREDITOR LAW – AUCTION:- Auction sale - Acts which affects proper conduct of same.

DEBTOR AND CREDITOR LAW – AUCTION:- Irregular sale at an auction sale to an innocent purchaser for value without notice - Validity of

IKKO KASHADADI V. INGILA SARKIN NOMA

 

ILIM V TIV L.A. POLICE

 

ILIYASU HONG v FEDERAL MORTGAGE FINANCE LTD

DEBTOR AND CREDITOR - AUCTIONEER’S LAW:– Sale by auction pursuant to sections 19 and 20 of Auctioneers’ Law – Steps to be taken thereunder before a sale by auction

ILORIN SOUTH LOCAL GOVERNMENT V. SAMAD PAPER CONVERTING CO. LTD

DEBTOR AND CREDITOR LAW:- Application for interest on debt due – Whether equivalent to special damages for which principles relating thereto need to be satisfied

DEBTOR AND CREDITOR LAW:-  Claim for payment Where there is no credible and contrary evidence – Whether plaintiff needs only adduce minimal proof in discharging the burden of proof placed thereto

DEBTOR AND CREDITOR LAW:-  Prejudgment interest - Issue of interest payable on principal sum – Where party claims interest in the writ of summons by way of a vested right –Need for the claimant to prove the right as one arising by contract or equity or merchantile custom/usage – Need for the basis of the claim for interest to be pleaded and proved – Effect of failure thereto

IMB PLC VS COMRADE CYCLE CO. LTD.

DEBTOR AN CEDITOR:- Claim for monetary slim – Admission of part thereof by defendant - Power of court to enter judgment in limine in the sum admitted.

 

IN RE ADAM EYTON, LIMITED. EX PARTE CHARLESWORTH. (CA)

DEBTOR AND CREDITOR LAW: Insolvency and Winding up - Removal of Liquidator – relevant considerations

IN RE CROMPTON AND CO. LIMITED. PLAYER v.  CROMPTON & CO. LIMITED.

DEBTOR AND CREDITOR LAW:- Debenture and nature of rights arising therefrom - Recovery of sum covenanted for payment on a certain date – Where debtor company is wound up before such date – How treated

IN RE H. E. THORNE AND SON LIMITED

CREDITOR AND DEBTOR LAW: Insolvency - Recovery of sum due on advances by way of bill of sale from bankrupt debtor voluntary wound down - Mutual Dealings - Set-off – Relevant considerations

IN RE HARRISON

DEBTOR AND CREDITOR:- Recovery of debt due from deceased debtor’s estate – Where creditor is appointed – Receivership of estate – Degree of priority assigned debt

IN RE HULL AND COUNTY BANK.

CREDITOR AND DEBTOR LAW: Guaranteed debt – When instructing counsel for appearance in winding up proceedings is deemed superfluous – Demand for costs – Attitude of courts thereto

INCAR (NIGERIA) LIMITED V BENSON TRANSPORT LTD.

DEBTOR AND CREDITOR:- Hire purchase – Plaintiff in default of hire purchase payments – Seizure of bus by defendants and sale – Claim of special damages with no particulars given – Judgment for plaintiff – Particulars

INDUSTRIAL DISEASES COMPENSATION LIMITED v MARRONS

DEBTOR AND CREDITOR:- Attachment of debts – Garnishee proceedings – Contingent debts – Garnishee orders made after presentation of bankruptcy petition against judgment debtor – Application by trustee in bankruptcy to set aside garnishee orders absolute

INSURANCE V HAWAY

 

IRON PRODUCT LIMITED v SENTINEL ASSURANCE CO. LIMITED

 

ISHOLA V SOCIETE GENERALE BANK (NIG.) LIMITED

DEBTOR AND CREDITOR - MONEYLENDERS LAW:- Debt - When repayable.

 

ISHOLA V UNION BANK OF NIGERIA LIMITED

 DEBTOR AND CREDITOR LAW – BANK DEBTOR:- Prof of repayment of loan – On whom lies – Evidence acceptable as proof – When expert evidence would not suffice

DEBTOR AND CREDITOR LAW BANK DEBTOR:- Bank loan secured via legal mortgage on property – Realisation of loan upon default in repayment – Illegality of mortgage and auction of mortgaged property – Need for same to be specififcally pleaded - Relevant considerations 

INTERCONTRACTORS NIGERIA LIMITED V. N.P.F.M.B.

DEBTOR AND CREDITORS:- Recovery of debt by way of receivers – Commencement of action by receivers – How brought

IYIOLA V C.M.S. (NIG) BOOKSHOP

DEBTOR AND CREDITOR:- Execution of judgment-debt - Judgment-creditor taking out writ of fieri facias in respect of judgment-debt - Court bailiff going on premises of judgment-debtor to levy execution -Servant of judgment-creditor pointing premises of judgment­-debtor to bailiff - Bailiff sealing up shop of judgment-debtor to enforce pay­ment - Action for damages for trespass on shop - Liability of court bailiff for wrongful execution – How treated

JACOBS V MESSRS OLADUNNI BROTHERS

DEBTOR AND CREDITOR LAW:- Recovery of judgment debt – Proceedings against property wherein judgment debtors had interest – Whether family property held jointly by creditors and other persons in accordance with customary law can be attached towards the satisfaction of debt

JOEL OKUNRINBOYE EXPORT CO. LTD & ORS V. SKYE BANK PLC

DEBTOR AND CREDITOR – LOAN RECOVERY VIA UNDEFENDED LIST PROCEDURE:- Guaranteed loan – Recovery of same via undefended list procedure – Relevant considerations

 

JOHN HOLT & CO. LTD. V HENRY FAJEMIROKUN

DEBTOR AND CREDITOR:- Recovery of liquidated sum - Attitude of courts to delay tactics using the rules of court – Invalid way of disputing the existence of a debt

JOHNSON V SOBAKI

DEBTOR AND CREDITOR:- Granting of overdraft facilities - Action to recover overdraft - Whether cause of action should not be deemed to have arisen until there has been a demand made or notice given.

KABIRU MUSA RANGAZA v. MICRO PLASTIC COMPANY LIMITED

DEBTOR AND CREDITOR LAW:– Recovery of sum outstanding on transactions pursuant to a contractual agency relationship – Where admission is indebtedness but quantum of debt contested – Action via undefended list – How treated 

DEBTOR AND CREDITOR LAW:– Satisfaction of indebtedness - A party who has admitted indebtedness to the other – Whether has duty to amply demonstrate to the trial court how the indebtedness admitted was liquidated – Whether the burden of proof in all cases of indebtedness is on the defendant who admitted being indebted to the plaintiff

KABO AIR LIMITED v. THE O' CORPORATION LIMITED

DEBTOR AND CREDITOR LAW:- Judgment debtor – where order secured in foreign court – Whether can be registered and enforced in Nigeria – Relevant considerations

DEBTOR & CREDITOR:- Foreign judgment – Where incapable of enforcement in the country of origin on account of the absence of assets of the judgment debtor – Whether basis to deprive the judgment creditor of the right to register and enforce the foreign judgment in Nigeria under Sections 3 and 4 of Foreign Judgment (Reciprocal Enforcement) Act, 1961, Cap. 152, Laws of the Federation of Nigeria, 1990

KADIRI V OLUSOGA

DEBTOR AND CREDITOR - MONEY LENDERS:- Charging higher rate of interest than allowed by Law - Illegality.

DEBTOR AND CREDITOR - MORTGAGES - Deposit of title deeds - Whether a legal or equitable mortgage.

DEBTOR AND CREDITOR - MORTGAGES - Deposit of title deeds - Whether security for.

KASUNMU V. SCOTT AND OTHERS.

DEBTOR AND CREDITOR:- Mortgages - Mortgagee’s power of sale – Whether affected by attachment and sale of mortgagor’s interest

KATSINA LOCAL AUTHORITY AND ANOTHER V MAKUDAWA

 

KEREWI V ODEGBESAN

DEBTOR AND CREDITOR:- Damages - Car a total loss - proper factors of assessment - Irrelevance of hire- purchase agreement.

KEYE V GIWA

 

KHAN v PERMAYER

DEBTOR AND CREDITOR:- Subrogation – Third party mistakenly pays sum to defendant who was believed to be a creditor of claimant – Claimant to reimburse third party – Whether claimant entitled to restitution on grounds defendant was unjustly enriched

KHAWAM V ELIAS

DEBTOR AND CREDITOR:- Loan secured against mortgage of unexpired term of lease

KWAJAFFA v BANK OF THE NORTH LTD

 

 

L. A. AYANLERE VS. FEDERAL  MORTGAGE BANK OF NIG. LTD. AND ANOTHER

DEBTOR AND CREDITOR – MORTGAGE:- Mortgagee's exercise of power of sale - When exercisable - When not exercisable - When can be restrained by any dispute in amount due.

LAIBRU LTD V. BUILDING & CIVIL ENG. CONT.

DEBTOR AND CREDITOR:- Proceedings for recovery of assigned debt – Proper parties – Rules for substitution of parties – Whether assignor needs to be joined as co-plaintiff with the assignee in action for assigned debt

LAWAL V WALE

 

LEVENTIS MOTORS LTD V AGBAJOR

 

LEWIS & PEAT (N.R.I) V. A. E. AKHIMEN

 

LLOYDS BANK PLC V. RONALD GEORGE DOIDGE AND ANOTHER

 

LOVELL AND CHRISTMAS vs GILBERT - CWL

DEBTOR AND CREDITOR LAW: - Bankruptcy - Act of Bankruptcy - Receiving Order - Partnership Firm - Infant Partner - Judgment against Firm - Amendment of Proceeding - Bankruptcy Act 1883 (46 & 47 Vict. c. 52) ss. 4, 5, 6, 105 - Bankruptcy Rules 1886 rr. 260, 262, 264 - Rules of the Supreme Court, Order XLVIII. A rr. 5, 8.

LUCY ONOWAN & ANOR. V. J. J. I. ISERHIEN

 

LYMPNE INVESTMENTS, LTD., RE

 

M.C. OKANUME Vs. U.A.C. NIG. PLC.

DEBTOR AND CREDITOR – RECOVERY OF DEBT:- Proper party – Whether division of a conglomerate which is legal entity qualifies – Undefended list procedure – When proper for recovery of loan 

M.O. OKOYE AND SONS V STANDARD BANK OF WEST AFRICA

 

M.O. KANU LTD V FIRST BANK OF NIGERIA PLC

DEBTOR AND CREDITOR LAW: Bank - Recovery of bank loan arising out of overdraft for transaction purposes – where negligence is alleged against bank - where interest charged on loan by bank is above the rates approved by the Central Bank –whether renders loan contract illegal and unenforceable – relevant considerations

M.S. AWOLESI v. NATIONAL BANK OF NIGERIA LIMITED

DEBTOR AND CREDITOR:- Guarantee and Indemnity-Discharge of Surety - Departure of Creditor from guaranteed contract without consent of Surety -Substantive Departure – Effect

MAGBAGBEOLA V SANNI

DEBTOR AND CREDITOR LAW - RECEIVERSHIP - Receiver- Duties of - Distinction with Arbitrator

MAGNA MARITIME SERVICES LIMITED V OTEJU.dot

DEBTOR AND CREDITOR:- Recovery of sum due for goods/service delivered – Relevant considerations

MAJOR AKPANG OBI ODU (Rtd.) & ANOR v. MRS. TINA AGBOR-HEMESON

CREDITOR AND DEBTOR LAW:-  Claim for money had and received for a supply contract, a consideration that had wholly failed, and interest thereon per annum till the date of judgment and thereafter - Suit placed under the undefended list for hearing and served on the defendant, who filed a notice of intention to defend the suit – Where affidavits filed disclosed contentious issues for determination by court – Whether court can transfer the suit to the ordinary cause list for hearing and determination

MAKANJUOLA V OLANIYAN

DEBTOR AND CREDITOR:- Debt claim together with accrued interest - Plaintiff agreeing to erect school building for defendants with his money - Defendants agreeing to repay cost of building with interest - Building duly completed and handed over to defendants - Part payment made and setoff granted in favour of plaintiff - Plaintiff making reduction in amount due to him of his own volition - Reduction in interest due from 6 per cent. to 2 per cent. - Defendants’ union sending out circulars to members to discuss debt to plaintiff and method of payment -Plaintiff himself a member of union - Circular, etc., tendered in evidence at trial to prove debt due - Whether claim was statute-barred – How treated

MANAGEMENT ENTERPRISES V KANO CONFECTIONERY LTD AND ANOR

 

MASTER HOLDING (NIG) LIMITED & ANOR v. EMEKA OKEFIENA

DEBTOR AND CREDITOR - AWARD OF INTEREST ON BANK FACILITIES/LOANS:- when interest is not payable or recoverable - When a court has the power to award interest - Basis for award of interest – Duty of customer to pay interest to the Bank-proper practice where interest is being claimed as of right

MEKWUNYE V. DIRECTOR OF AUDIT (W.N.)

 

MERCANTILE CREDIT CO LTD V HAMBLIN

DEBTOR AND CREDITOR:- Hire-Purchase – Agreement – Agreement signed by car-owner in blank – Car-owner seeking loan on security of car – Dealer asked by car-owner only to make inquiries and report back – Fraudulent completion of agreement and hire-purchase documents, and transmission thereof to finance company, by dealer – Dealer apparently reputable – Title of owner against finance company.

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