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 …

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