ABUBAKAR & ANOR
V.
BWADE & ANOR

(2014) JELR 39702 (CA)    

Court of Appeal  ·  CA/YL/02/2014 ·  21 May 2014 ·  Nigeria
CORAM
JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria ADAMU JAURO Justice of The Court of Appeal of Nigeria
Core Terms Beta
appeal
respondents
appellants
argument
court
judgment
learned counsel
order
respondent
11th day of july
chairman rattawu
consequential orders
costs
jimi olukayode bada
mohammed bwade
sole issue
suit no
yola judicial division
adamu jauro
advantage of reading
bada
balance
brother
draft
favour of the respondents
full agreement
general cause list
judgment of adamawa state high court
judgment of the lower court
judgment of the trial court
judgment sum
jummai hannatu sankey
leading judgment
lead judgment
learned trial judge
lord
money
motorcycle loan
naira
others
page
post judgment interest
preview of the lead judgment
said suit
suit
sum of n3,165,000.00
totality of affidavit evidence
unwillingness

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Adamawa State High Court, Yola Judicial Division in SUIT NO:-ADSY/83M/2012 - MOHAMMED BWADE (CHAIRMAN RATTAWU) and 1 OTHER V. SALIHU ABUBAKAR and 1 OTHER, delivered on the 11th day of July, 2013 wherein Judgment was entered against the Appellant in the sum of N3,165,000.00 (Three Million, One Hundred and Sixty-Five Thousand Naira Only) being money outstanding in favour of the Respondents as balance from motorcycle loan granted to the Appellants by the Respondents. 10% post Judgment interest was awarded to the Respondents until the Judgment sum is finally liquidated.

The Appellants who were dissatisfied with the Judgment of the lower court therefore appealed to this court.

The learned Counsel for the Appellants formulated a sole issue for the determination of the appeal. The sole issue is set out as follows:-

"Whether from the totality of affidavit evidence before the court, the lea…

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