AKPAJI
V.
UDEMBA
·
Akpaji v. Udemba (2003) 6 NWLR (Pt. 815) 169
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 …