AYOBODE O. LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 7/12/2006 by Hon. Justice C.J. Okoli, then Chief Judge of Anambra State of Nigeria.
The Respondent herein as Plaintiff filed a suit under the Undefended List against the Appellant as Defendant at the High Court of Justice, Awka Judicial Division. The claims of the Respondent against the Appellant are for (i) Refund of the sum of N2,860,000.00 being money received and used to the benefit of the defendant for a consideration that failed completely; and (ii) 10% interest per annum from the date of judgment till liquidation of judgment sum. The Respondent's claims were supported by a 30 paragraph "AFFIDAVIT IN SUPPORT OF MOTION ON NOTICE" to which Exhibits marked A, B, C and D respectively were attached.
The Appellant duly filed a Notice of Intention to Defend the suit and an Affidavit in support of the Notice of Intention to Defend.
The Respondent reacted to the Appellant…