(2011) JELR 46048 (CA)    

Court of Appeal  ·  CA/E/84/2007 ·  14 Jul 2011 ·  Nigeria
MOHAMMED LADAN-TSAMIYA Justice of The Court of Appeal of Nigeria AYOBODE O. LOKULO-SODIPE Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
2nd respondent
lower court
learned trial judge
eselu bosah
statement of defence
statement of claim
submission of the appellant
chief eselu bosah
customary arbitration panel
sum of n3,400,000.00
decision of the arbitrators
defence witness number
settlement meeting
weight of evidence
asst. commissioner state c.i.d.
briefs of argument
civil cases
expert evidence
friends of both parties
high court
said exhibit
sum of n2,400,000.00
anambra state high court
arbitration report of the chartered accountant
counter-claim of the defendant
customary arbitration of the parties
date of judgment
following words
invitation of the appellant
law show
lead counsel
leading judgment
light of the evidence of pw2
new issues
police headquarters
present case
report of the matter
said exhibit q
said solicitor
submission of the plaintiffs

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A (Delivering the Leading Judgment): This appeal is against the judgment delivered on 282/2007 by the Anambra State High Court (hereafter simply referred to as the "lower court") presided over by Hon. Justice J.C. Nwadi (hereafter simply referred to as "the learned trial Judge"). The lower court entered judgment in favour of the Plaintiffs (hereafter referred to as "the Respondents") in the case, and also dismissed the counter-claim of the Defendant (hereafter referred to as "the Appellant") filed in the action, for want of substance and merit being nothing but an exercise in futility.

The Respondents initiated an action against the Appellant claiming the sum of N2,400,000.00 "being the balance unpaid of the sum the defendant admitted in writing that he owes the plaintiffs". The Respondents also claimed interest of 5o/o on the sum, from the date of judgment until the entire debt is fully liquidated. The Respondents initially commenced the case under …

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