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PETER ANOLIEFO v. MARK OSEGBO

(2018) JELR 38441 (CA)

Court of Appeal  •  CA/E/215/2010  •  16 Jul 2018  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSSAINI JCA;

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 21st September, 2007 in the High Court of Anambra State holden at Onitsha.

In the High Court (the Court below), the Respondent took out the writ of summons under the undefended list against the Appellant as defendant. The matter was however transferred to the general cause list by the Court below for a full blown trial.

The claim of the Respondent against the Appellant on the pleadings was for the sum of Four Hundred and Seven Thousand Naira (N407, 000) being the balance of the loan granted to the Appellant by the Respondent and Two Thousand Naira (N2,000) being charges for bounced cheques. The Respondent also claimed interest at the rate of 10% per annum from 10/9/98 till judgment and thereafter at the rate of 5% per annum till judgment debt is fully liquidated.

After the transfer of the suit from the undefended list to the general cause list for hearing both parties filed and…

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