MR. GABRIEL C. IDEH V. MR. D.O. ONYEJESE & ANOR.
(1997) JELR 48023 (CA)
Court of Appeal
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CA/B/166/95
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16 May 1997
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Nigeria
Coram
JUSTIN THOMPSON AKPABIO; JCA;
SYLVANUS ADIEWERE NSOFOR; JCA;
ATINUKE OMOBONIKE IGE; JCA;
Appearances
P C. Dunkwu; For Appellant
Respondent unrepresented For Respondent
Judgement
<p>IGE, J.C.A. (Delivering the Leading Judgment): In the court below the respondents as plaintiffs took out a Writ of Summons against the appellant in suit No.AG/7/91 claiming in their 42 paragraphs Amended Statement of claim as follows:-</p><p> "1. An order setting aside the spurious document titled: </p><p> "Deed of Assignment dated 12th day of December, 1989" purported to be executed between the plaintiffs and the defendant on grounds that:</p><p> (a) It contravenes and offends the provisions of the Money Lenders Law, Cap. 100, Volume IV, Law of Bendel State of Nigeria, 1976.</p><p> (b) The purported agreement and security therein specified and the entire transaction are usurious, harsh and unconscionable.</p><p> (c) The purported transaction is spurious and fraudulent having regard to the circumstances of this case.</p><p> 2. A declaration that the said "Deed of Assignment" dated 12th December, 1989 is illegal, unenforceable null and void and of no effect whatsoever.</p><p> 3. An order compelling the defendant to release forthwith …</p>