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ALHAJI ABDULLAHI IBRAHIM V. MALLAM ZANGINA ABUBAKAR BAKORI & ANOR.

(2009) JELR 33631 (CA)

Court of Appeal  •  CA/K/292/2006  •  2 Jul 2009  •  Nigeria

Coram
BABA ALKALI BA'ABA JCA; JOHN INYANG OKORO JCA; THERESA N. ORJI-ABADUA JCA;

Judgement

JOHN INYANG OKORO, J.C.A. (Delivering the Leading Judgment): The Appellant had sometime in 2002 approached the 2nd Respondent for financial assistance to the tune of N2,500,000.00 to resuscitate his ailing business having earlier collected from him the sum of N242,000.00. Not being able to help him personally again, the 2nd Respondent introduced the Appellant to the 1st Respondent who agreed to assist the Appellant with the sum of N2,200,000.00 instead of the N2,500,000.00 requested. Also, the parties agreed at a monthly interest of 10%. This agreement was thereafter reduced into writing in Exhibit A dated 3rd July, 2002 which was executed by both parties. After the execution of Exhibit A, the sum of N2,200,000.00 was released to the Appellant, who in turn issued a post dated cheque for the sum of N2,200,000.00 to the Respondents payable on the 3rd day of August, 2003. The said cheque was tendered as Exhibit D. The Appellant was able to pay the 10% monthly interest for the months of J…

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