FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This Appeal is against the judgment of the Kebbi State High Court sitting in its Appellate jurisdiction in the Birnin Kebbi Judicial Division and delivered on the 30th day of September, 2013, Coram ASABE E. KARATU, J (Presiding Judge), ABASS AHMAN, J and FARUK H. BUNZA, J in Appeal No KB/HC/58A/2011.
The Appellant as Plaintiff sued the Respondent as Defendant before the Principal District Court, Holden at Ribah hereinafter referred to as the trial Court claiming for money had and received. The Respondent denied the claim and in proof of its case, the Appellant as Plaintiff called a total of three (3) witnesses and closed his case. The Respondent as Defendant on its part called four (4) witnesses and closed his defense. In a considered judgment delivered on the 25-10-2011 the trial Court found for the Appellant and ordered the Respondent to pay the sum of Five-Hundred and Sixty (N560,000.00) Naira only to the Appellant p…