Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ISA
V.
ALHAJI SANI ADAMU TRADER

(2016) JELR 46482 (CA)    

Court of Appeal  ·  CA/K/127/2014 ·  16 Jun 2016 ·  Nigeria
CORAM
ISAIAH OLUFEMI AKEJU JCA HABEEB ADEWALE OLUMUYIWA ABIRU JCA OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA

Ratio Decidendi

Core Terms Beta
defendant
undefended list
money
exhibit am1
general cause list
learned counsel
money lenders law
notice of intention
agreement of the parties
civil procedure
date of judgment
high court of kano state
learned trial judge
grounds of appeal
laws of kano state
partnership agreement
share of the contract profit
triable issues
court rate
final liquidation of the judgment sum
kano state of nigeria
particular partnership
respondent's brief
suit no. k
written document
affidavit of defence
affidavit of favour uhuache
affidavit of kassim yusif bello
application of the plaintiff
award of interest
blue pencil rule
briefs of argument
circumstances of the case
claim of the plaintiff
completion of a contract
connotation of a money lending transaction
date of their agreement
exhibit am2
expiration of the agreed period
high court of justice
leading judgment
licensed money lender
money lenders agreement
original document of his property
primary purpose
provision of section
ruling of that court
single issue
such terms
support of the writ of summons

ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): The Appellant herein was the defendant in suit No. K/462/2011 at the High Court of justice, Kano State of Nigeria in which the Respondent as plaintiff had claimed through the writ of summons dated 17th October, 2011 the following reliefs;

1. ₦17,000,000.00 (Seventeen Million Naira only).

2. ₦380,000.00 (Three Hundred and eighty thousand Naira only) being agreed 2% interest for every 30 days due to the plaintiff from 5th December, 2010 till date of Judgment.

3. 10% interest at the Court rate from the date of Judgment until final liquidation of the Judgment sum.

4. Cost of instituting and prosecuting the action.

Upon the application of the plaintiff the writ of summons was placed for hearing under the undefended list and after hearing arguments from the parties the learned trial judge refused to transfer the suit to general cause list. In the Ruling of that Court delivered on 14th February, 2012, the defendant was ordered to pay…

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