<p>MODUPE FASANMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Ota, Ogun State delivered on the 6th of June 2003. Briefly by a Writ of Summons and Statement of Claim dated the 16th of March 1999, 1st Respondent claimed against the Appellant at the lower Court in the sum of N486,602.00 (Four hundred and eighty six thousand, six hundred and two naira only) being the two instalmental payments of N243,301.00 (Two hundred and forty three thousand, three hundred and one naira only) each due for payment on 9/12/97 and 9/12/98 respectively as per Promissory Agreement for the settlement of a total debt of N729,903.00 (Seven hundred and twenty nine thousand, nine hundred and three naira only) entered into between the 1st Respondent and the Appellant on 9/12/96. The Appellant refused and or neglected to pay despite repeated demands. 2nd Respondent claimed against the Appellant the sum of N400,000.00 (Four hundred thousand naira only…</p>