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 …