MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal against part of the judgment of the Court of Appeal, Lagos Division delivered on the 22nd of June, 2004 affirming the decision of the High Court of Lagos State entering a summary judgment against the Appellant under Order 11, Rules 1 and 2 of the High Court of Lagos State (Civil Procedure) Rules, 1994.
Dissatisfied With the decision, the Appellant has through a Notice of Appeal filed on the 21st of September, 2004 appealed to this Court.
By an Amended Statement of Claim dated 4th January, 2001, the Respondent as Plaintiff sued the Appellant as Defendant in the Lagos Court for among other things the sum of N1,349,671.54 being the total outstanding principal and interest in respect of loans granted to the Appellant by the Respondent, The claim is that a loan of N1,550,000.00 was granted to the Appellant in the course of his employment to purchase a car. The Respondent asserted that monthly deductions…