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IDEH
V.
ONYEJESE & ANOR.

(1997) JELR 48023 (CA)

Court of Appeal 16 May 1997 Nigeria
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Case Details

Suit Number:CA/B/166/95
Judges:JUSTIN THOMPSON AKPABIO; Justice of The Court of Appeal of Nigeria SYLVANUS ADIEWERE NSOFOR; Justice of The Court of Appeal of Nigeria ATINUKE OMOBONIKE IGE; Justice of The Court of Appeal of Nigeria
Counsel:P C. Dunkwu; For Appellant Respondent unrepresented For Respondent
Other Citations:Ideh v. Onyejese (1997) 8 NWLR (Pt. 518)610, (1997) 8 NWLR (Pt. 518) 610

IGE, J.C.A. (Delivering the Leading Judgment): In the court below the respondents as plaintiffs took out a Writ of Summons against the appellant in suit No.AG/7/91 claiming in their 42 paragraphs Amended Statement of claim as follows:-

"1. An order setting aside the spurious document titled:

"Deed of Assignment dated 12th day of December, 1989" purported to be executed between the plaintiffs and the defendant on grounds that:

(a) It contravenes and offends the provisions of the Money Lenders Law, Cap. 100, Volume IV, Law of Bendel State of Nigeria, 1976.

(b) The purported agreement and security therein specified and the entire transaction are usurious, harsh and unconscionable.

(c) The purported transaction is spurious and fraudulent having regard to the circumstances of this case.

2. A declaration that the said "Deed of Assignment" dated 12th December, 1989 is illegal, unenforceable null and void and of no effect whatsoever.

3. An order compelling the defendant to release forthwith …

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