ALAO AMOS V. PHOTO PALACE LIMITED

TUNDE O. AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in the appeal filed by the appellant, Alao Amos Olusayo, against the judgment of Abbas J of Sokoto High Court of Justice delivered on 27/2/2009 in suit No SS/32/2006.

The plaintiff at the lower court (who is now the Respondent) claimed as follows:

"CLAIM: The plaintiff's claim against the defendant as follows:

1. The sum of N646,000.00 only being the sum due and owing by the defendant on a hire purchase agreement between them.

2. The sum of N10,491,183.49 being the sum money due and owing by the defendant on a hire purchase scheme between from 1st October 2003 and 30th November 2005.

3. Interest rate of 32% per annum on N646,000.00 from 23rd June, 2006 till judgment.

4. And interest rate of 32% per annum on N10,491,183.49 from 30th November 2005 till judgment."

The defendant filed a statement of defense to the claim and also counter-claim as per paragraph 17 of the statement of Defense thus;

"WHEREOF th…