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PATRICK ARIRIGUZO KSM v. DR. SYLVANUS AMAECHI

(2014) JELR 34201 (CA)

Court of Appeal  •  CA/OW/340/2011  •  28 Mar 2014  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; PHILOMENA MBUA EKPE JCA; PETER OLABISI IGE JCA;

Judgement

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Imo State High Court Owerri, contained in the judgment of Hon. Justice NONYE OKORONKWO (NOW JCA) delivered on 29th day of July, 2011.

The Appellant as the Plaintiff instituted the action culminating in this appeal vide Writ of Summons issued out of the Lower Court on 27/4/2007. It was brought under the undefended list procedure. The Respondent was allowed to defend the action upon his Notice of intention to defend the reliefs sought by the Appellant which as per paragraph 27 of his statement of claim reads:

"Wherefore the Plaintiff claims against the defendant as follows:

1. The sum of N860,000 being the balance of a friendly loan owed the plaintiff by the defendant not paid.

2. N530,753.11 being specific damage as a result of loss of interest accruable on the loan by reason of the defendant not paying back the loan.

3. N1,000,000 general damages.,'

In his Defence and counter claim t…

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