(2003) JELR 44861 (CA)    

Court of Appeal  ·  CA/PH/42/97 ·  28 May 2003 ·  Nigeria
Other Citations
Nwankwo v.Nzeribe [2004] 13 NWLR (Pt.890)422
Nwankwo v. Nzeribe (2004) 13 NWLR (Pt. 890) 422
SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria DAVID ADEDOYIN ADENIJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
undefended list
general cause list
learned trial judge
political party
civil procedure
failure of the learned trial judge
loan transaction
record of appeal
statement of claim
written agreement
inter alia
said loan
aboyi john ikongbeh
borrower fails
civil rule
clear breach of the law
david adedoyin adeniji
defence of illegality of the transaction
draft of the lead judgment
end of the cross-examination of the plaintiff
enugu state
facts of the case
final result
governorship of his state
grounds of appeal
leading judgment
leave of the lower court
lower court
main grievances of the appellant
next point
oguta high court
present appellant
present respondent
primary elections
provisions of money lenders law
provisions of the constitution of the social democratic party
required consent of the trial judge
said plaintiff
said sum
similar issues
suit no. hog
sum of n21,969,600
trial court
trial judge
view of the provisions of order

SUNDAY AKINOLA AKINTAN, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment delivered by Njiribeako, J. sitting at Oguta High Court on 5th October, 1997 in suit No. HOG/42/97.

The present appellant was the defendant while the present respondent was the plaintiff. The plaintiff's claim before the court as set out in paragraph 8 of the statement of claim is as follows:

"1. The sum of N21,969,600 being money lent by the plaintiff to the defendant pursuant to written agreements dated 30th August, 1991 and 2/11/91, which money the defendant has failed, refused and/or neglected to pay to the plaintiff despite demands.

2. Interest on the said sum calculated at 21% per annum from 1st January, 1993, until judgment is entered.

3. Interest on judgment sum calculated at 4% per annum until satisfaction is made by defendant."

The statement of claim was filed along with the writ of summons on 19/11/96. The plaintiff applied for and was granted leave to put the claim on the …

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