MALLAM MOMO GUSAN & ANOR V. PATERSON ZOCHONIS & CO. LTD

TAYLOR, F.J

The plaintiffs sued the defendants in the High Court of the Kano Judicial Division for the sum of £512-10s-7d being the amount alleged to be due and owing by the 1st defendant to the plaintiffs on his produce account and guaranteed by the 2nd defendant as per contract of guarantee dated the 27th day of October, 1958. The 1st defendant admitted this claim at the hearing and judgment was accordingly entered against him. The case proceeded to proof against the 2nd defendant, who denied liability and after evidence was heard, judgment was similarly entered against him in the same sum.

The 2nd defendant has appealed against this judgment and the grounds of appeal argued in his favour urge that:-

(1)The trial Judge erred in holding that the guarantee was written by the Manager of the respondent company when the typist was the writer.

(2)The trial Judge erred in holding that s.3 of the Illiterates Protection Act was complied with.

At the trial in the High Court and during the argument…