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IBRAHIM JIMOH AJAO v. MICHAEL JENYO ADEMOLA & ORS.

(2004) JELR 45068 (CA)

Court of Appeal  •  CA/IL/15/2002  •  23 Jun 2004  •  Nigeria

Coram
ABOYI JOHN IKONGBEH JCA WALTER SAMUEL NKANU ONNOGHEN JCA JA'AFARU MIKA'ILU JCA

Judgement

ONNOGHEN, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Kwara State High Court of Justice sitting at Ilorin in Suit No. KWS1205/99 delivered by Hon. Justice Olufemi Ajayi on the 29th day of January, 2002.

The facts of the case include the following: One Dehinde Sunday Ademola, now late is alleged to have borrowed the sum of ₦390,000.00 from the appellant payable on 30th August, 1999. The loan attracted interest. However, on the 22nd day of September, 1999 the said Dehinde Sunday Ademola died in a motor accident leaving the loan and interest unpaid. The deceased was buried on 26th September, 1999. On 30th September, 1999 the solicitor to the appellant wrote exhibit 2 addressed to the respondent's solicitor, who is also the solicitor to the estate of the said deceased Dehinde Sunday Ademola, intimating them, for the first time, of the loan transaction allegedly entered into by the deceased.

The solicitor also mentioned the fact that the deceased d…

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