AMIRU SANUSI, J.C.A (Delivering the leading Judgment): This is an appeal against judgment of the Kaduna State High Court (the lower court) dated 27th November, 2002. By Originating Summons dated 13/10/2002, the plaintiff/appellant claimed against the defendant/respondent as follows;
"An order of the court to exercise his rights under the agreement entered into between the plaintiff' and the defendant dated 12th July, 1999.
And for such further order or orders of the Honourable Court may deem fit and just to make in the circumstance."
The facts which gave rise to this appeal are as adumbrated in paragraphs Sand 6 of the affidavit supporting the Originating Summons and also as conceded by both parties, are that on 12/7/1999 the plaintiff now appellant gave a loan of the sum of two hundred and forty thousand Naira (N240,000) to his friend, the defendant. A written agreement of the said loan was drawn, wherein the defendant/respondent was to pay back the loan granted to him by the plainti…