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CHIDI ORDOR & ANOR v.MRS. NGOZI INNOCENT IGWE

(2017) JELR 37336 (CA)

Court of Appeal  •  CA/C/118/2015  •  27 Jul 2017  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellants were Defendants at the Court below in the suit filed by the Respondent herein as Plaintiff/Claimant under the Undefended List. Judgment was entered against the Appellants in favour of the Respondent by Charles Ikpe, J, of the Eket Division of the High Court of Akwa Ibom State in suit No. HEK/UND4/2015 on the 20/4/15. Aggrieved by that decision, the Appellants have appealed against that judgment.

SUMMARY OF FACTS:

By the writ of summons, the claim of the Respondent herein at the Lower Court was for the sum of #4,600,000.00, being loan advanced to the 1st Appellant by the Respondent in February, 2014.

The 1st Appellant issued a post-dated cheque in the said sum of #4,600,000.00 to the Respondent in the cheque leaf of the 2nd Appellant. The cheque was a U.B.A Bank cheque No. 54560303 and post dated to 24th October, 2014. The said cheque was Exhibited as Exhibit Igwe 3.

The Respondent presented the cheque on t…

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