AKPAJI
V.
UDEMBA

(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

CORAM

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

respondent

counter-claim

court

counsel

lower court

arbitration clause

loan agreement

fees

appropriate fee

claim

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

issues

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 …

AKPAJI V. UDEMBA

AKPAJI
V.
UDEMBA