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ALHAJI BABA BERENDE V. ALHAJA SAHARA ABDULKADIR USMAN & ANOR

(2004) JELR 48027 (CA)

Court of Appeal  •  CA/IL/26/2003  •  22 Jun 2004  •  Nigeria

Coram
ABOYI JOHN IKONGBEH JCA WALTER SAMUEL NKANU ONNOGHEN JCA JA'AFARU MIKA'ILU JCA

Judgement

ONNOGHEN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kwara State High Court of Justice sitting at Ilorin in suit No. KWS/55/99 delivered by Hon. Justice M. A. Folayan on 11/11/2002 in favour of the respondents who instituted the action under the undefended list procedure for the recovery of a debt of N525,300.00 together with 10% interest thereon from 15/3/98 till final liquidation. The appellant is dissatisfied with the said judgment and has appealed to this court on five grounds of appeal, out of which learned counsel for the appellant has formulated four issues for determination.

The facts of the case are that the appellant had a business relationship with the late Alhaji Abdulkadir Usman, who is said to have been the husband of the 1st respondent, by virtue of which the appellant bought cows on credit from the late businessman who later died on 10/3/98 in a road motor accident. At the time of his death, the appellant is said to be owing…

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