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MOHAMMED ABUBAKAR V. MAHMOOD MODIBO

(2006) JELR 53233 (CA)

Court of Appeal  •  CA/K/328/02  •  14 Dec 2006  •  Nigeria

Coram
BABAALKALI BA’ABA JCA (Presided) AMIRU SANUSI JCA ABUBAKAR ABDULKADIR JEGA JCA (Read the Lead Judgment)

Judgement

JEGA JCA (Delivering the Lead Judgment): This is an appeal against the decision of Hon. Justice Munir Ladan of the Kaduna State High Court delivered on the 17th day of May, 2002 wherein judgment was entered for the respondent under the undefended list procedure against the appellant in the sum of N240,000.00 (two hundred and forty thousand naira) being outstanding and unpaid loan given to the appellant by the respondent which sum the appellant refused, failed and or neglected to pay despite repeated demands. The appellant shall equally pay interest on the said N240,000.00 at 21% per annum from July 2000 to date of judgment and 10% per annum from date of judgment until judgment debt is entirely liquidated. The facts of this case as can be seen from the totality of records presented before this court inclusive of the filed briefs are as follows:-

The plaintiff/respondent herein took out a writ of summons dated 3rd April, 2002, under the undefended list against the defendant/appella…

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