MOHAMMED, LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Appellant was the defendant in the suit of the Respondent placed under the undefended list by the High Court of Akwa Ibom State in a claim for money had and received. The endorsement on the writ of the Respondent was in the following terms:-
1. The sum of 2,100,000.00 (Two Million, One Thousand Naira) being amount of money lent to the defendant by the claimant as a friendly loan which sum the defendant has refused to refund to the plaintiff despite repeated demands.
2. 10% interest on the judgment sum from the date judgment until the entire sum is fully liquidated.
In brief, the facts relied on for the claim, as set out in the affidavit in support of the ex-parte motion to place the suit under the undefended list, are that the Appellant and his friends, obtained a friendly loan of Two million, One hundred Thousand Naira Only (N2,100,000.00) from the Respondent vide an agreement entered into by the parties on the 14/1…