(2014) JELR 40017 (CA)    

Court of Appeal  ·  CA/B/98/2012 ·  7 Mar 2014 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
trial court
documentary evidence
lead judgment
letter of offer
record of appeal
statement of claim
evidence of the appellant
loan agreement
unchallenged evidence
attorney general
a. u. osunde esq
evidence of the respondent applying
following issues
mr. ojo ajanaku
sole witness
suo motu
balance of the loan
careful perusal of exhibits l
clear distinction
close of the appellant
court raises issues
decision of the high court of edo state
decision of the learned trial judge
evidence of the respondent
exhibits e
exhibits f
favour of the respondent
full trial
jurisdiction of this honourable court
leading judgment
learned trial court
learned trial judge failure
outright loan date d
personal property
plaintiff claims
respect of the bank commission
said loan
sum of n8,310,265.45
tendering of exhibit e
unchallenged evidence of the appellant

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Edo State, delivered on the 5th day of October, 2011 by Honourable Justice E.F. Ikpomwen. Dissatisfied with the judgment, the Appellant, who was the Plaintiff at the trial court, filed this appeal. The facts which led to this appeal are as follows:-

The Appellant who was the Plaintiff at the trial Court commenced this action on the 16th March, 2009 by filing a specially endorsed writ of summons which said suit was placed on the undefended list. However, upon the filing of intention to defend by the Defendant, who is the Respondent herein, the case was transferred to the general cause list. Paragraph 31(ii) and (iii) of the statement of claim provides as follows:

1. Wherefore the Plaintiff claims against the Defendant the sum of N8,310,265.45 (Eight million, Three Hundred and Ten Thousand, Two Hundred and Sixty-five Naira, Forty-five kobo) owed and payable t…

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