CORAM

YEKINI OLAYIWOLA ADIO (Read the Leading Judgment), JUSTICE, SUPREME COURT

OGUNDARE, JUSTICE, SUPREME COURT

SIR UDO UDOMA, JUSTICE, SUPREME COURT

PARTIES

JOLASIMIM ZARIA APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

This appeal was a sequel to proceedings instituted in the High Court by the plaintiff/respondent against the appellant/defendant in that court. The action was for repayment of a certain amount of money which the plaintiff alleged was due to him from the defendant. There were no pleadings and the case was tried summarily by the trial judge who gave judgment for the plaintiff against the defendant. The defendant appealed to the court of appeal against the judgment of the high court, and further to the Supreme Court

HELD

The appeal was allowed and the judgment of the High Court was set aside.

ISSUES

That the learned trial Chief Justice had himself found the plaintiff to be an unsatisfactory witness and that the evidence of such a discredited witness should not have been made to ground a finding in favor of that witness.

RATIONES DECIDENDI

AN AGREEMENT FOR A LOAN AND INSTALMENTAL PAYMENT

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CASES CITED

STATUTES REFERRED TO

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