Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AJAO
V.
ADEMOLA & ORS.

(2004) JELR 45068 (CA)    

Court of Appeal  ·  CA/IL/15/2002 ·  23 Jun 2004 ·  Nigeria
 · 
Other Citations
Ajao v. Ademola (2005) 3 NWLR (Pt.913)636
Ajao v. Ademola (2005) 3 NWLR (Pt. 913) 636
CORAM
ABOYI JOHN IKONGBEH JCA WALTER SAMUEL NKANU ONNOGHEN JCA JA'AFARU MIKA'ILU JCA

Ratio Decidendi

Core Terms Beta
appellant
counsel
court
evidence
lower court
late dehinde sunday ademola
present case
issue no.
statement of claim
issues
learned trial judge
kwara state
money lending
primary object
burden of proof
grounds of appeal
irrevocable power of attorney
facts of the case
laws of the federation
leading judgment
licensed moneylender
said reliefs
30th august
above decision of the lower court
appellant tunji adeniran esq
argument of this appeal
authority of the cases
dehinde sunday ademola
earlier case
following reliefs
general definition
grant of reliefs
grant of the reliefs
judgment of the kwara state high court of justice
law of kwara state
order of perpetual injunction
order of this court
order setting
plaintiffs claim
provisions of the money lender
provisions of the relevant laws of kwara state
reliefs of the respondents
said dehinde sunday ademola
said learned counsel
suit no. kws1205
view of the reasons

ONNOGHEN, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Kwara State High Court of Justice sitting at Ilorin in Suit No. KWS1205/99 delivered by Hon. Justice Olufemi Ajayi on the 29th day of January, 2002.

The facts of the case include the following: One Dehinde Sunday Ademola, now late is alleged to have borrowed the sum of ₦390,000.00 from the appellant payable on 30th August, 1999. The loan attracted interest. However, on the 22nd day of September, 1999 the said Dehinde Sunday Ademola died in a motor accident leaving the loan and interest unpaid. The deceased was buried on 26th September, 1999. On 30th September, 1999 the solicitor to the appellant wrote exhibit 2 addressed to the respondent's solicitor, who is also the solicitor to the estate of the said deceased Dehinde Sunday Ademola, intimating them, for the first time, of the loan transaction allegedly entered into by the deceased.

The solicitor also mentioned the fact that the deceased d…

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