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(2021) JELR 107154 (CA)

Court of Appeal  •  CA/C/12/2019  •  6 May 2021  •  Nigeria

Mojeed Adekunle Owoade, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA


JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 27th June, 2018 in the High Court of Akwa Ibom State holden at Mkpat Enin.

In the High Court (the Court below), the Appellant was the Plaintiff. The Respondent was the defendant.

The Appellant claimed against the Respondent for a declaration that the Respondent was indebted to the Appellant in the sum of N860,000.00 (Eight Hundred and Sixty Thousand Naira), interest and costs of the action.

The Appellant stated that sometime in early 2014, on two occasions at his residence he lent N500,000.00 and N360,000.00 respectively to the Respondent which the Respondent has not repaid despite repeated demands. As security for the loan, the Respondent issued two post dated cheques to him dated 10/08/14 and 10/10/14.

​The Respondent denied borrowing any amount of money from the Appellant. He stated that he issued the post-dated cheques to the Appellant when he engaged the services of the lat…

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