(2006) JELR 39861 (CA)    

Court of Appeal  ·  CA/I/106/03 ·  6 Jun 2006 ·  Nigeria
JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria GERTRUDE IFUNANYA UDOM-AZOGU Justice of The Court of Appeal of Nigeria
Core Terms Beta
abeokuta high court of ogun state
leading judgment
lower court
statement of claim
refund of the defendant
order of court
high court rules
united bank
14-paragraph affidavit
learned trial judge
following issues
overdraft facility of n30
ors v. erisi
set aside
definite hearing
said property
sale of the plaintiff
refund of the said sum
trial judge
kokoroowo v. lagos state
result of the appellant
rules of this court
undefended list
11-paragraph affidavit
undefended writ of summons
trial court
respect of a loan
default judgment
fair hearing
grounds of appeal
civil procedure
6th june
details of the procedure
averment of the plaintiff
liquidated sum
request of the defendant
high court
inception of this case
general cause list
hearing date
sufficient money
supreme court
summary judgment

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The Respondent as Plaintiff at the Abeokuta High Court of Ogun State, instituted the action that culminated in this appeal by filing an Undefended Writ of Summons supported by a 14-paragraph Affidavit and an Exhibit - "A".

The case for the Respondent is that the Appellant who was his friend approached him sometime in 1988 to stand surety for him in respect of a loan/overdraft facility of N30, 000.00 he proposed to take from United Bank for Africa Ltd (UBA). The Respondent agreed to surrender the deed of title to his landed property at Ijeje, Abeokuta, on which the Bank subsequently prepared a legal mortgage. Sometime in 1992, one Mr. Aladeika of UBA complained to the Respondent about the Appellant's failure to service the loan and warned him that his property might be put on auction for sale to satisfy the debt owed by the Appellant. The Respondent informed the Appellant about this and later that year, the Bank got a lawyer …

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