Legalpedia Citation: (2023-07) Legalpedia 22877 (CA)

In the Court of Appeal

KANO JUDICIAL DIVISION

Tue Jun 27, 2023

Suit Number: CA/KN/197/2022

CORAM

Uzo Ifeyinwa Ndukwe-Anyanwu JCA

Patricia Ajuma Mahmoud JCA

Gabriel Omoniyi Kolawole JCA

PARTIES

ALH. LAWAL ABBA

APPELLANTS

ALH. MAHMUD ADAMU MAHMUD

RESPONDENTS

AREA(S) OF LAW

APPEAL, CONTRACT, EVIDENCE, PRACTICE AND PROCEDURE, PROPERTY

SUMMARY OF FACTS

The Respondent had loaned the Appellant the sum of N55,500,000.00 in instatements. At the end of it; the parties reduced their transaction in writing vide Exh. MM1. The Appellant deposited his Certificate of Occupancy to the Respondent as collateral to the loan Exh. MM3. Exh. MM4 is an undertaking to pay a monthly interest if the Appellant fails to make good his indebtedness. Exh. MM6 is a demand letter from the Respondent to the Appellant.

The Appellant herein refused to or neglected to make good the terms of the loan, the Respondent as plaintiff filed a suit and claimed the following reliefs. The Respondent filed a motion for this suit to be tried summarily under the provision of Order 11 of the Kano State High Court Rules 2014 but the Appellant had claimed he did not even know the respondent and never had anything to do with him.

In trial Judge entered judgment in favour of defendant in the sum of N55,500.000 per the provisions of Order 11 Rule 5 (2) above cited and ordered the defendant to pay 10% Court rate interest on the judgment sum from the 4th of March, 2023 until the judgment sum is liquidated.

The Counter Claim of the defendant/Counter Claim and the prayers of the plaintiff. Contained in prayer No. 11 that is the claim accumulated monthly profit, the stated costs are all transferred to the General Cause List for hearing.

The Appellant was aggrieved by the decision hence this appeal.

HELD

Appeal dismissed

ISSUES

Whether the trial Court was correct in granting judgment in part for the sum of N55,500,000 under summary judgment procedure and transferring the balance of N546 Million to the general cause list for hearing?

RATIONES DECIDENDI

DOCUMENTARY EVIDENCE – IMPORTANCE OF DOCUMENTARY EVIDENCE

Documents don’t lie. Documentary evidence is used as a hanger from which to test the veracity of evidence whether oral or by deposition. It is also settled that it could be used to resolve an issue or conflicting evidence as the Court below rightly relied on the documentary evidence to resolve the dispute. Documents speak for themselves per NWODO JCA IN GBILEVE VS ADDINGI (2012) LPELR 14281. The Appellant equally handed over the Certificate of his House at ARKAN to the Respondent as collateral for the said loan. ODUCHE VS ODUCHE (2005) LPELR 5976.

The importance of documentary evidence is that it could be used to resolve an issue or conflicting evidence. See BUNGE VS GOVERNOR RIVERS STATE (2006) ALL FWLR PT 325 PG 1, ESSIEN VS ETUKUDO (2009) ALL FWLR PT 496 PG 1886. U.N.I.C. VS UCIC. LTD (1993) 3 NWLR PT 593 PG 17. – Per U. I. Ndukwe-Anyanwu, JCA

CASES CITED

STATUTES REFERRED TO

1. Evidence Act, 2011
2. The Kano State High Court Rules 2014

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