MR. EDWIN NWEGBU V. MR. SUNNY C. AGWU & ANOR.

GEORGE OLADINDE SHOREMI, J.C.A (Delivering the Leading Judgment): This is an appeal against the decision of the Edo State High Court sitting in Benin City delivered on 29/11/2007. The facts leading to this appeal are that the Appellant as Plaintiff in the trial court sued the Respondent via undefended list procedure but was subsequently transferred to the General Cause list, the Plaintiff/Appellant claimed against the Respondents in his statement of claim as follows:-

"Whereof the Plaintiff claims from the Defendants jointly and severally the total sum of Six Million, Six Hundred and seventy thousand Naira (N6,670,000.00) only being the sum paid to and agreed to be refunded by the Defendants and the accrued interest thereon".

The Plaintiff/Appellant founded his case on the amount of money he allegedly paid to the Defendants/Respondents for the purpose of taking his son from Nigeria to the United States of America (U.S.A.). It is his case that the transaction failed and decided to clai…