Before Their Lordships
MOJEED ADEKUNLE OWOADE - Justice of The Court of Appeal of Nigeria
BITRUS GYARAZAMA SANGA - Justice of The Court of Appeal of Nigeria
ABUBAKAR MAHMUD TALBA - Justice of The Court of Appeal of Nigeria
Between
MUBASHIR AMINU QASIM - Appellant
And
ALH. KABIRU TANKO (CIROMAN JAMAA) - Respondent
ABUBAKAR MAHMUD TALBA, J.C.A. (Delivering the Leading Judgment): Judgment was given in favour of the respondent/plaintiff in a suit brought on the Undefended List against the Appellant/Defendant in the High Court of Justice Kaduna State sitting at Kafanchan division, in suit No: KDH/KAD/152/19. The Respondent/Plaintiff's claim as per his writ of summons reads as follows:
(a) The sum of N11,500,000.00 (Eleven Million Five Hundred Thousand Naira) only being the balance of the money owed the plaintiff by the Defendant.
(b) The sum of N2,000.000.00 (Two Million Naira) only as general damages for the loss suffered by the plaintiff as a result of the defendants action.
(c) Interest on the judgment sum at the rate of 10% per annum till the judgment sum is fully liquidated.
(d) The sum of N1,500,000.00 (One Million Five Hundred Thousand Naira) only being the legal cost and expenses arising from and associated with the step now taken to recover the judgment sum from the defendant.
(e) The cost of filing and prosecuting the case.
In compliance with Order 11 Rule 1 of the Kaduna State High Court Civil Procedure Rules 2007, the writ is accompanied with an affidavit of twenty eight (28) paragraphs. Attached to the affidavit are four exhibits marked as exhibits P1 to P4. Exhibit P1 is the agreement dated 27/07/2017. Exhibit P2 is a demand letter written by counsel to the respondent/plaintiff. Exhibit P3 is the appellant/defendants counsel letter in response to the demand letter. Exhibit P4 is a receipt for payment of legal fees. The appellant/defendant filed his statement of defence, witness deposition on oath and written address in opposition to the motion for summary judgment as provided by Order 11 Rule 4 (d) of the Kaduna State High Court (Civil Procedure) Rules 2007. On the 20th of November, 2019, the learned trial Judge delivered his Ruling and entered judgment against the defendant/appellant.
