NZEAKO JCA (Delivering the Lead Judgment): The respondent in this appeal was the plaintiff in a suit which he filed at the Upper Area Court
No. 1 Maiduguri claiming N22,000.00. The sum is said to be the purchase price of a motor vehicle which he sold to the defendant, the appellant in this appeal, which the defendant failed to pay. Judgment was obtained in the absence of the defendant/appellant in that court, in circumstances which will appear later in this judgment. Dissatisfied with the judgment, the appellant appealed to the High Court of Borno State, sitting in its appellate jurisdiction. His appeal was dismissed by the High Court and he has now appealed to this court, filing 6 grounds of appeal. Learned counsel for the parties to this appeal have filed and exchanged briefs of argument in accordance with the rules of this court.
Learned senior counsel for the appellant J. K. Gadzama Esq., has distilled two issues for determination from the 6 grounds of appeal. The issues are:-
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