EMMANUEL EKANEM JACOB V. AKPADUAK ADUANG AFAHA

UZO I. NDUKWE-ANYANWU, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Akwa Ibom Holden of Eket delivered on 5th February, 2007.

The Appellant as defendant was sued in the High Court of Eket Akwa Ibom State by the Plaintiff /Respondent. The Appellant and the Respondent entered into a contract Exhibit 1. The Respondent bought a motocycle for the sum of N58,000.00. The Respondent went into an agreement with the Appellant to hire out the motorcycle to the Appellant. The Appellant was to carry the Motorcycle and pay to the Respondent of sum of N350.00 everyday for 16 months. The Appellant paid the Respondent the agreed sum of N350.00 from 20th January, 1997 - 25th January, 1997 (6 days).

The payment thereafter ceased and the Respondent could not find the Appellant nor did he pay any other sums to him.

After sometime, the Respondent as plaintiff sued the Defendant/Appellant. In his writ, the Plaintiff/Respondent claimed as follow:

1. An …