(2002) JELR 44677 (CA)    

Court of Appeal  ·  CA/E/47M/2000 ·  25 Apr 2002 ·  Nigeria
Other Citations
Akpaji v. Udemba [2003] 6 NWLR (Pt.815)169
Akpaji v. Udemba (2003) 6 NWLR (Pt. 815) 169
EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
arbitration clause
loan agreement
appropriate fee
exhibits band c
issue no.
learned trial judge
necessary fee
trial court
brief of argument
case of the respondent
exhibit a
high court rules of anambra state
leading judgment
present case
special order of the court
trial judge
alleged friendly loan of n1,484,535
argument of counsel
assessment of court fee
brief raises
case of the appellant
correct statement of the rule of law
court process
entire loan
filing of a valid claim
first issue
full scale trial
hand counter
hearing of the motion
issue no.3 deals
issue of non-payment of fee
m. d. muhammad
motor vehicles
payable shall
payment of the filing fee
plaintiff fails
proper direction
record shows
registrar of court
said judgment
sum of n411,730
view of the fact

UBAEZONU, J.C.A. (Delivering the Leading Judgment): This is an appeal from the High Court of Abakaliki Judicial Division of Ebonyi State presided over by Ngwuta, J. It may rightly be said that this appeal, indeed the suit, arose from lack of honesty on the part of one of the parties who were erstwhile friends. The transaction which landed the two friends in court arose out of an alleged friendly loan of N1,484,535 made by the plaintiff/appellant to the defendant/respondent. While the case of the appellant is that the sum of N411,730 was still outstanding, the case of the respondent was, and perhaps still is , that he had not only paid the entire loan but that the appellant was owing him the sum of N138,270. The appellant in consequence sued the respondent for N411 ,730. The respondent on the other hand counter-claimed for N138,270. The action was originally filed in the undefended list cause. The defendant/respondent filed a notice of intention to defend. The learned trial Judge very …

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