YUSUF AHMED GWARZO V. ALHAJI RABIU GAMBO FUNTUA

TINUADE AKOMOLAFE-WILSON, J.C.A. (Delivering the Leading Judgment): The respondent, as plaintiff filed an action at the High Court of Niger State against the appellant via summary judgment procedure seeking for the following:

a. The sum of Three million, Four hundred and Eighty-Eight thousand Naira (N3,488,000.00) only being the balance of consideration of Thirty-three thousand (33,000) litres of kerosene DPK which the plaintiff supplied the defendant.

b. Interest of 10% on the Judgment sum from the date of judgment until final liquidation of the Judgment debt.

c. Cost of action.

The facts of the case are that the plaintiff/respondent commenced this action by a writ of summons and statement of claim dated the 29th day of November, 2013. He also filed an application for summary judgment contending that the defendant/appellant has no defence however to his claim.

The defendant/appellant filed his statement of defense, witness statement on oath and a written address in opposition to the appli…