HOPE CHINWE UZAKAH V. MRS. NGOZI OKEKE

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Enugu State delivered by Hon. Justice E.C.N. Onyia on 23/6/14. The Respondent as plaintiff at the High Court via a summary judgment proceeding under Order 11 of the Enugu State High Court (Civil Procedure) Rules 2006 filed a Writ of Summons against the Appellant and claimed as follows:

An Order entering summary judgment in favour of the plaintiff/applicant and against the defendant/respondent in the sum of N19, 150,000.00 being a debt owed to the plaintiff by the said defendant and since the defendant has no defence to the suit.

The Appellant at the lower Court did not file a defence. The facts of this case at the lower Court are that between September 2013 and February 2014, the Appellant approached the Respondent and secured a friendly loan advancement of N19,150,000.00 (Nineteen Million, One Hundred and Fifty Thousand Naira only) from the Respondent. The Ap…