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IDRIS M. TASIU v. BADAMASI ADAMU

(2014) JELR 36619 (CA)

Court of Appeal  •  CA/K/13/2013  •  4 Apr 2014  •  Nigeria

Coram
ABDU ABOKI JCA; ITA GEORGE MBABA JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the final judgment of Kaduna State High Court in Suit No. KDH/KAD/426/2012, delivered on 18/12/12 by Hon. Justice Tanimu Zailani, wherein judgment was entered for the plaintiff against the defendant as per his statement of claim, and 10% interest on the amount (N1.9 Million) from the date of the judgment until fully paid.

The Respondent, as Plaintiff, had, as per writ of summons, filed on 25/5/2012, claimed against the Defendant

"a total sum of N1.9 million, being outstanding balance from the money paid to the Defendant by the plaintiff which he has refused to refund, despite repeated demands"

(See pages 3 and 6 of the Records of Appeal)

The Respondent had filed a statement of claim and a motion for summary judgment with affidavits and exhibits, pursuant to the Rules of court. A brief facts of the case at the Lower Court shows that Appellant (who was the defendant at the trial court) had admitted ow…

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