TASIU
V.
ADAMU

(2014) JELR 50873 (CA)

Court of Appeal · CA/K/13/2013 · 4 Apr 2014 · Nigeria

CORAM

ABDU ABOKI JCA ( Presided ) ITA G. MBABA JCA ( Read the Lead Judgment ) HABEEB ADEWALE OLUMUYIWA ABIRU JCA

Core Terms ^Beta

appellant

defendant

defence

summary judgment

respondent

exhibits

statement of defence

trial court

good defence

civil procedure

statement of claim

high court

lower court

rules of court

lead judgment

kaduna state high court

summary judgment application

african petroleum

claim of the respondent

considered view

defence file

different days

originating process

presence of witnesses

records of appeal

suit no. kdh

support of the motion

supreme court

written address

amount n1,900,000.00

appellant’s counsel

appellant’s defences

appellant’s notice

avermentsand arguments

brief facts of the case

date of the judgment

debt of n2,000,000.00

defendants hand writing

defendant’s liability

english version of exhibit

final judgment of kaduna state

fundamental rights

lower court shows

overwhelming evidence

plain clothes

provisions of court order

said n100,000.00

said security men

story of the appellant

MBABA JCA (Delivering the Lead Judgment): This is an appealagainst the final judgment of Kaduna state High Court in suit No. KDH/ KAD/426/2012, delivered on 18 December 2012 by Hon. Justice Tanimu Zailani, wherein judgment was entered for the plaintiff against the defendant as per his statement of claim, and 10% interest on the amount N1,900,000.00 (one million, nine hundred thousand naira) from the date of the judgment until fully paid.

The respondent, as plaintiff, had, as per writ of summons, filed on 25 May 2012, claimed against the defendant:

“a total sum of N1,900,000.00 (one million, nine hundred thousand naira) , being outstanding balance from the money paid to the defendant by the plaintiff which he has refused to refund, despite repeated demands”

(See pages 3 and 6 of the records of appeal ) The respondent had filed a statement of claim and a motion for summary judgment with affidavits and exhibits, pursuant to the rules of court. A brief facts of the case at the lower court …

TASIU V. ADAMU

TASIU
V.
ADAMU