judy.legal
Login Register

MR. GABRIEL C. IDEH V. MR. D.O. ONYEJESE & ANOR.

(1997) JELR 48023 (CA)

Court of Appeal  •  CA/B/166/95  •  16 May 1997  •  Nigeria

Coram
JUSTIN THOMPSON AKPABIO; JCA; SYLVANUS ADIEWERE NSOFOR; JCA; ATINUKE OMOBONIKE IGE; JCA;

Judgement

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:-

"1. An order setting aside the spurious document titled:

"Deed of Assignment dated 12th day of December, 1989" purported to be executed between the plaintiffs and the defendant on grounds that:

(a) It contravenes and offends the provisions of the Money Lenders Law, Cap. 100, Volume IV, Law of Bendel State of Nigeria, 1976.

(b) The purported agreement and security therein specified and the entire transaction are usurious, harsh and unconscionable.

(c) The purported transaction is spurious and fraudulent having regard to the circumstances of this case.

2. A declaration that the said "Deed of Assignment" dated 12th December, 1989 is illegal, unenforceable null and void and of no effect whatsoever.

3. An order compelling the defendant to release forthwith …

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login