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MR. INNOCENT IBE v. MR. STEPHEN IBHAZE

(2016) JELR 41263 (CA)

Court of Appeal  •  CA/K/332/11  •  24 May 2016  •  Nigeria

Coram
ISAIAH OLUFEMI AKEJU JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA; AMINA AUDI WAMBAI JCA;

Judgement

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A.(Delivering the Leading Judgment): By a Writ of Summons and Statement of Claim dated the 1st day of March 2010, the Respondent, as Plaintiff before the lower Court, claimed the following:

1. The sum of N4,280,000.00 which the Defendant collected from the Plaintiff without consideration.

2. 20% interest P.A on the said sum from June 2009 until Judgment.

3. 10% interest P.A on the Judgment sum until Final liquidation.

In proof of his claim, the Respondent testified as PW2 and called one witness. He also subpoenaed the Principal Registrar attached to the Chief Magistrate Court, lbrahim Taiwo Road, Kaduna to produce some exhibits tendered at a criminal suit before that Court.

All the three Appellants testified in their defence. Upon conclusion of trial and the consideration of the parties' written addresses, the trial Judge, Hannatu A.L. Balogun of the Kaduna State High Court, on 6/11/2011, entered judgment against the Appellants as prayed.

Dissatisfied wi…

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