Mrs Nnenna Idika V. Mr. Romanus Uzoukwu (2007)

LawGlobal-Hub Lead Judgment Report

GALADIMA, J.C.A.

The appellant herein, as the plaintiff in suit No. HOW/161/97 commenced an action against the defendant now the respondent in the Owerri High Court No. 8 of Imo State presided over by OHAKWE J. In the claim endorsed at the back of the writ of summons and the statement of claim, the plaintiff claims as follows:

“A. Refund of N195,000 (One hundred and Ninety-five thousand Naira) being the total principal sum lent to the Defendant by the plaintiff made up as follows:

(i) N35,000.00 (Thirty-five thousand Naira) under the 1st contract.

(ii) 20,000.00 (Twenty thousand Naira) under the 2nd contract.

(iii) 40,000.00 (Forty thousand Naira) under the 3rd contract; and

(iv) 100,000. 00 (One hundred thousand Naira) under the 4th contract.

B. N176,000.00 (One hundred and seventy six thousand Naira) being the total sum of monthly interest due under the 1st, 2nd and 3rd contracts from and including the month of November 1995 to and including the month of April, 1997 made up as follows:

(i) N68,400 (Sixty-eight thousand, four hundred Naira) for the said period under the 1st contract.

(ii) N36,000.00 (Thirty-six thousand Naira) for the said period under the 2nd contract.

(iii) N72,000.00 (Seventy-two thousand Naira) for the said period under the 3rd contract.

C. N15,000.00 (Fifteen thousand Naira) being the agreed interest under the 4th contract.

D. Order of court mandating the defendant to pay to the plaintiff the agreed interests on the various debts under the 1st, 2nd, and 3rd contracts respectively from and including the month of May, 1997 till judgment is delivered.

E. Declaration that the defendant is liable to pay plaintiff as interest of N15,000.00 (Fifteen thousand Naira) per month on the last loan of N100,000.00, the 4th contract from and including the month of December 1995 until judgment is delivered.