JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment of the High Court Benue State sitting at Makurdi in Suit No. MHC/300/2009 delivered on 31 May, 2012 by Onum, J.
The brief facts of the case are that, by a Statement of claim filed on the October 2, 2009 the Respondent claimed against the Appellant in paragraph 12 thereof as follows:
a. The sum of N4, 000, 000.00 (Four Million Naira) only being the sum of money the Defendant received from the Plaintiff, for the purposes of supplying G.N.L.D. fertilizer; but which the Defendant has failed to supply same.
b. 10% post Judgment interest on the Judgment sum till it is completely liquidated.
It was the Respondents contention as Plaintiff at the trial that the Defendant (the present Appellants husband) now deceased, Dr. Tyover Kenneth Unum, conspired with one James Sunny Ogela and duped her of the sum of N4, 000, 000.00 which she paid for the purpose of being supplied with G.N.L.D. Fertilizer, as …