Judgment
CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment) : The appeal is against the judgment of the High Court of Adamawa State, presided over by Nathan Musa, J (as he then was) hereafter referred to as the trial Court, delivered on 22nd July, 2021.
At the trial Court, the Respondents as Plaintiffs claimed against the Appellants for the following reliefs: (a) “The sum of N1,300,000.00 (One Million and Three Hundred Thousand Naira) being money they borrowed from late Benjamin Nwazue on or about August 14th, 2017 which they have failed, refused or neglected to repay in spite of persistent demand by Plaintiffs and their Solicitor. (b) The sum of N2,000,000.00 (Two Million Naira) being general damage for breach of contract. (c) 10% interest per annum on the judgment sum till full liquidation. (d) Cost of this action to be estimated at N250,000.” In response, the Appellants filed their joint statement of Defence and counter-claimed against the Respondents as follows: (a) “A declaration that the act of the 2nd Respondent holding unto the 1st counter-claimant’s cheque No. 36261400 and cheque clearance is illegal. (b) The return of the undated cheque No. 36261400 and cheque clearance of the 1st counter-claimers. (c) Perpetual injunction restraining the Respondents, their agents, privies, assigns or anybody by whatsoever name call (sic) from using even the photocopy of cheque No. 36261400 and the cheque clearance of the 1st Counter-claimer. (d) The sum of N3,000,000.00 (Three Million Naira) as general damages for holding unto the cheque No. 36261400 and the cheque clearance of the 1st counter-claimer. (e) Cost of the suit to be assess (sic) at N450,000.00 (Four Hundred and Fifty Thousand Naira).” At the trial, the Respondents called a sole witness (2nd Respondent) and tendered seven (7) documents which were admitted in evidence as Exhibits ‘A’, ‘B’, ‘B1’, ‘B2’, ‘C1’, ‘C2’ and ‘D’ respectively.
The Appellants also called a sole witness (the 2nd Appellant) and tendered no document. The background facts are that at the trial, the 2nd Respondent testified as PW1, a sole witness who testified to the effect that she is the Administrator of the 1st Respondent’s estate and that while going through the documents of her late husband Benjamin Nwazue, she discovered documents that showed that the Appellants borrowed money from her late husband which had not been paid back. The letter of Administration was admitted in evidence and marked as Exhibit “A”.
