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U. OMO, J.S.C. (Delivering the Leading Judgment): The respondent (as plaintiff) sued the appellant (as defendant) in the Kwara State High Court (Ilorin Division) claiming the sum of N24,103.53 being balance due on and unpaid on an overdraft facility granted to the appellant together with interest accruing on same until judgment is given, and an order that the judgment debt be paid at the rate of 13% per annum.
The parties duly filed their pleadings, the appellant's pleading apart from a general traverse, being limited to two paragraphs in which he denied all the averments in the statement of claim (save an inconsequential one) and stated that "the defendant does not owe the plaintiff any Kobo whatsoever.:
After a hearing in which the appellant resolved at the end of the case of the respondent not to offer any evidence, the learned trial Chief Judge, in a reserved judgment, held that the respondent had failed to prove its case and dismissed same.
The respondent, who was dissatisfied…