IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This appeal challenges the decision/judgment of the Honourable Justice M. A. Akoja of the High Court of Justice of Kwara State sitting at Omu-Aran Judicial Division which judgment was delivered on the 1st day of June, 2005 granting the Plaintiff/Respondent all the reliefs sought. It would be recalled that the said Plaintiff/Respondent had beseeched the Lower Court supplicating for the following reliefs as per his writ of summons dated and filed on the 20th December, 2004 as follows:-
1. The sum of N388,000.00 (Three Hundred and Eighty Eight Thousand Naira) only being the balance of the loan advanced on 19th April, 2002 by the Plaintiff to the Defendant.
2. Interest at the rate of 10% per annum on the Judgment sum from the date of Judgment until the final liquidation.
The Plaintiff/Appellant had earlier on the 19th November, 2004, in a motion Exparte brought pursuant to Order 23 Rule I of the Kwara State, High Court (Civil…