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ALHAJI ABUBAKAR ONIRODUNNU V. ALHAJI HAMZAT AJANI MUIBI

(2016) JELR 53015 (CA)

Court of Appeal  •  CA/IL/3/2016  •  30 Jun 2016  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA (Presided and Read the Lead Judgment) CHIDI NWAOMA UWA JCA UCHECHUKWU ONYEMENAM JCA

Judgement

MUKHTAR JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Kwara State delivered on the 19 November 2015, wherein the learned trial A judge entered judgment in favour of the respondent under the undefended list procedure against the appellant in the sum of N500,000, 10% interest from August 2012, till liquidation of the said sum and cost of filing the suit as claimed by the respondent. The appellant was sued by the respondent for the recovery of the sum of N500,000.00, being the balance of money paid to the appellant for Hajj exercise in 2012 for himself and his wife. The respondent’s suit was instituted on the undefended list. The respondent wanted to perform Hajj in 2012, which is one of the pillars of Islam. The respondent approached the appellant as a travel agent and the owner/ founder and Chief Executive Officer (CEO) of Abushara Travels and Tours Limited, Ilorin. The respondent claimed that he paid the sum of N1.5 million (One Mill…

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