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ADEMOLA, C.J.N. (Delivering the Judgment of the Court): In the Ibadan High Court in Suit No. 1/121/66 the plaintiff (now appellant) claimed against the defendants the sum of '1,521-0s-0d being the total amount of loans which he made to the first defendant between 1964 and 1966. The second defendant was sued as the guarantor of the first defendant in respect of the said loans.
Madarikan, J. (as he then was) gave judgment for the plaintiff in respect of the claim against the first defendant but dismissed his claim against the second defendant.
In paragraphs 4 to 9 of his statement of claim, the plaintiff averred as follows:
"4. From time to time since 1964 the 1st defendant borrowed several sums of money from the plaintiff in Ibadan and the total amount as at 11-3-65 stood at 1,521. (One Thousand, Five Hundred and Twenty-One Pounds).
5. Around March 1965 the plaintiff insisted on getting an immediate repayment from the 1st defendant and reported to the police and also determined to sue…