judy.legal
Login Register

V. T. KWAGA & ANOR v. FRANK AMUGA & ANOR

(2016) JELR 36937 (CA)

Court of Appeal  •  CA/K/239/14  •  9 Mar 2016  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA IBRAHIM SHATA BDLIYA JCA OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA

Judgement


OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Kaduna State delivered by Hon. Justice H.T.D. Gwadah on the 28th day of January 2014. The Appellants herein were the Plaintiffs before the Lower Court.

The facts leading to the present appeal, by the Amended Statement of Claim of the Appellants, dated 1st February 2013, and the evidence of their sole witness (2nd Appellant), are that sometime in 2012 the 2nd Appellant met the 2nd Respondent in an office, trying to raise money on behalf of the 1st Respondent, to send to the 1st Respondent's wife. The 2nd Appellant informed the 2nd Respondent that though he had no money of his own he had some belonging to the 1st Appellant who had given him a Power of Attorney. He (2nd Appellant) requested that the Respondents surrender their Certificate of Occupancy (C of O) as collateral for the loan. In agreement, the 1st Respondent, who was in Abuja, sent down a C of…

There's more. Sign in to continue reading

JUDY 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