(2009) JELR 49503 (CA)    

Court of Appeal  ·  CA/I/76/04 ·  16 Jun 2009 ·  Nigeria
Other Citations
Womiloju v. Kiki (2009) 16 NWLR (Pt. 1166) 143
ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
exhibit a
trial court
f.w.l.r part
evidence act
promissory agreement
lower court
senior counsel
supreme court
1st plaintiff
record of appeal
sum of n486,602.00
2nd respondent
case of adecentro
ogun state
prima facie case
absence of such evidence
afegbai vs. a.g. edo state
briefs of the learned counsel
case of ehoche vs. ijegwa
case of kara vs. wassa
case of osoboja vs. amuda
civil case
exhibit a. learned counsel
exhibits a-e
exhibits f-g.
high court of justice
jonas petroleum plc
judgment of the high court of justice
leading judgment
learned trial judge
notice of appeal
paras e
particular case
said exhibit
secondary evidence of its contents
settlement of a total debt of n515,000.00
settlement of a total debt of n729,903.00
statement of claim
technical services
trial judge

MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Ota, Ogun State delivered on the 6th of June 2003. Briefly by a Writ of Summons and Statement of Claim dated the 16th of March 1999, 1st Respondent claimed against the Appellant at the lower Court in the sum of N486,602.00 (Four hundred and eighty six thousand, six hundred and two naira only) being the two instalmental payments of N243,301.00 (Two hundred and forty three thousand, three hundred and one naira only) each due for payment on 9/12/97 and 9/12/98 respectively as per Promissory Agreement for the settlement of a total debt of N729,903.00 (Seven hundred and twenty nine thousand, nine hundred and three naira only) entered into between the 1st Respondent and the Appellant on 9/12/96. The Appellant refused and or neglected to pay despite repeated demands. 2nd Respondent claimed against the Appellant the sum of N400,000.00 (Four hundred thousand naira only…

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