Compulaw - 1st Indigenous Digital Law Library

Brief

Finding of fact by trial court (Based on demeanor of witnesses
Moneylenders contract
Special damages (Need for strict proof)
Illiterates protection (Party testifying in native language)
Memorandum (Meaning of)

Facts

The plaintiff in his statement of claims asserted that he borrowed the sum of N16,000.00 from the defendant a money lender at various times during 1989 and the said amount was paid in full by November, 1989 but without the issuance of receipts. On 11/1/90 the plaintiff signed a document purporting to offer the plaintiff/s personal storey building as security for unpaid interest on the loan. Unknown to the plaintiff the document was a sale agreement of his storey building which he (the plaintiff) and his family occupied. On 27/12/90 the defendant forcibly broke into the plaintiff's residence, removed all the properties in it, and prevented the plaintiff from entering therein and has been put to ridicule. The plaintiff claimed against the defendant as follows:

1
A declaration that the "Deed of assignment" purportedly entered into and/or executed by both parties in the house of the defendant on the 11th day of January, 1990 assigning the plaintiff's interest in his property a storey building at Oke-Ola Area Gbongan, Osun State of Nigeria is illegal null and void and of no effect whatsoever.
2
A declaration that the defendant's forcible entry and breaking into the plaintiff's storey building and consequent removal of all properties owned by the plaintiff without an order of court is illegal.
3
A declaration that the defendant has not got a power of sale under the law on the plaintiff's storey building and consequent removal of all properties which is situate at Oke-Ola Area. Gbongan and on any of the properties kept inside it.
4
A declaration that the one hundred per cent interest charged on the sum of N16,000.00 sixteen thousand Naira) taken as loan by the plaintiff from the defendant is a flagrant breach of the Money lenders Law Cap 74, Vol. IV laws of Oyo State 1978.

Respondents claimed that the total sum of N41,000 was the loan obtained by the appellant in four installments, with an agreed interest of 10% and administrative charges of N850. When the appellant failed to pay, he transferred by sale his interest on the said property, already used as security for the loan, and an assignment document was made and signed on 11/1/90 but that the respondent however allowed the appellant to continue to live in the house. The respondent counter claimed for N41,000.

The trial court dismissed the claim of the appellant and granted the respondent's counter claim. Consequently, the appellant appealed.

Issues

1
Whether the contract between the parties was enforceable in view of...

Oyebode V. Oloyede (1999) CLR 2(e) (CA)

Brief

Facts

Issues