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DAUDA
V.
ABDULLAHI

(2017) JELR 34256 (CA)

Court of Appeal 5 Jul 2017 Nigeria
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Case Details

Suit Number:CA/J/63/2017
Judges:AHMAD OLAREWAJU BELGORE Justice of The Court of Appeal of Nigeria FATIMA OMORO AKINBAMI Justice of The Court of Appeal of Nigeria PAUL OBI ELECHI Justice of The Court of Appeal of Nigeria
Counsel:Z.A. Libata, Esq. For Appellant M.A. Galaya, Esq. For Respondent

AHMAD OLAREWAJU BELGORE, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the Bauchi State High Court of Justice (hereinafter referred to as "The Lower Court"), contained in the ruling of Honourable Justice S. I. Zadawa (hereinafter referred to as "The Learned Trial Judge"), delivered on the 22nd day of December, 2016 in the Suit No. BA/165/2016. The Appellant herein was the plaintiff, while the Respondent was the defendant, before the lower Court.

By a writ of summons filed by the Appellant on the 8th day of September, 2016 and marked by the lower Court on the 15th day of September, 2016 as "undefended List", the Respondent was sued for the recovery of a loan of N30,000,000.00 (Thirty Million Naira) granted to the Respondent by the Appellant. The writ of summons was supported by an 8-paragraph affidavit deposing to the circumstances leading to the alleged loan and its disbursement in three installments and stating that to the best belief of the deponent…

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