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JOLASIMI ZARIA v. ALHAJI ABDU SMALL

(1973) JELR 42004 (SC)

Supreme Court  •  SC.69/1973  •  15 Jun 1973  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): This appeal is a sequel to proceedings instituted in the High Court, Kaduna, North-Central State by the present respondent as plaintiff against the appellant who was the defendant in that court. The action was for repayment of a total amount of 1,400 pounds which the plaintiff alleged was due to him from the defendant. There were no pleadings and the case was tried summarily by Read C.J. who eventually gave judgment for the plaintiff against the defendant in the sum of 1,300 pounds (or N2,600) with costs.

In the course of the trial in the High Court the plaintiff gave evidence to the effect that he had during the month of November 1966, given a sum of 100 pounds to the defendant to buy stones for him but that the defendant neither bought the stones nor refunded the money. The plaintiff also testified that on different occasions he lent the defendant amounts of 500 pounds, 200 pounds and 600 pounds respectively, the last paymen…

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