(2007) JELR 45796 (SC)    

Supreme Court  ·  SC.73/2002 ·  4 May 2007 ·  Nigeria
Other Citations
Okoli v. Morecab Finance (Nig.) Ltd. (2007) 14 NWLR (Pt.1053) 37 (2007)4-5 S.C. 116 (2007)4-5 S.C. 116
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Core Terms Beta
mr. kenneth okonkwo
allegation of fraud
trial court
notice of intention
high court
triable issue
undefended list procedure
high court rules of anambra state
onitsha high court
agreed interest
anambra state
contents of the letter
copy of the said letter
decision of the court of appeal
first place
judgment of the trial judge
learned justice
learned justices of the court
present case
support of the defendant
surrounding circumstances of this case
view of the failure of the respondent
argument of the appeal
copy of the statement of claim
exhibit k.
following paragraphs
fresh application
inclusion of n5,000,000
leading judgment
loan customer of the plaintiff
paper of ezzy rainbow international
payment of a loan
plaintiff company
plaintiffs company counsel
point of fact
real issues
said repayment
said statement of claim shows
see adimora v
see franchal
trial judge
years mr. kenneth okonkwo

S. U. ONU, J.S.C (Delivering the Leading Judgment): This is an appeal by the defendant/appellant against the decision of the Court of Appeal, Enugu Division (hereinafter referred to as the Court below) which had on the 17th of January, 2001 upheld the decision of J. N. Ofomata J , sitting at Onitsha High Court, Anambra State.

The claim before the High Court was for payment of a loan granted by the plaintiff company, Morecab Finance (Nig) Limited to the defendant, Ezekiel Okoli, plus interest. The claim was made under the undefended list procedure (see page 4 of record of proceedings. The defendant's defence is at page 7 of record of proceedings). The plaintiff won the case on 6th of October, 1997 and the defendant appealed against the decision on the 9th October, 1997. He also lost and has now appealed to this court.

The four issues the defendant/appellant has formulated as arising for determination in this appeal are as follows:

"1. Whether the court below was right in upholding the…

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