ELDER ESEME AKPAN V. EKANABASI ASIBONG UBONG
(2013) JELR 35965 (CA)
Court of Appeal
•
CA/C/97/2010
•
27 Mar 2013
•
Nigeria
Coram
MOHAMMED LAWAL GARBA JCA
JOSEPH TINE TUR JCA
ONYEKACHI A. OTISI JCA
Appearances
Alex Umoh, Esq. For the Appellant;
Fidelis A. Iteshi with Segun Ajobewe & P. I. Eleshi For the Respondent.
Judgement
<p><strong>MOHAMMED, LAWAL GARBA, J.C.A. (Delivering the Leading Judgment):</strong> The Appellant was the defendant in the suit of the Respondent placed under the undefended list by the High Court of Akwa Ibom State in a claim for money had and received. The endorsement on the writ of the Respondent was in the following terms:-</p><p> 1. The sum of 2,100,000.00 (Two Million, One Thousand Naira) being amount of money lent to the defendant by the claimant as a friendly loan which sum the defendant has refused to refund to the plaintiff despite repeated demands.</p><p> 2. 10% interest on the judgment sum from the date judgment until the entire sum is fully liquidated.</p><p> In brief, the facts relied on for the claim, as set out in the affidavit in support of the ex-parte motion to place the suit under the undefended list, are that the Appellant and his friends, obtained a friendly loan of Two million, One hundred Thousand Naira Only (N2,100,000.00) from the Respondent vide an agreement entered into by the parties on the 14/1…</p>