<p>AMIRU SANUSI, J.C.A (Delivering the leading : ): This is an appeal against judgment of the Kaduna State High Court (the lower court) dated 27th November, 2002. By Originating Summons dated 13/10/2002, the plaintiff/appellant claimed against the defendant/respondent as follows;</p><p> &quot;An order of the court to exercise his rights under the agreement entered into between the plaintiff&#x27; and the defendant dated 12th July, 1999.</p><p> And for such further order or orders of the Honourable Court may deem fit and just to make in the circumstance.&quot;</p><p> The facts which gave rise to this appeal are as adumbrated in paragraphs Sand 6 of the affidavit supporting the Originating Summons and also as conceded by both parties, are that on 12/7/1999 the plaintiff now appellant gave a loan of the sum of two hundred and forty thousand Naira (N240,000) to his friend, the defendant. A written agreement of the said loan was drawn, wherein the defendant/respondent was to pay back the loan granted to him by the plainti…</p>