A Lagos State Magistrate Court has ordered Ganiu Owolabi Ajose to pay the sum of N2.5 million being his outstanding indebtedness to Mr. Olalekan Uthman over a N3million loan he obtained from him.

Magistrate Sekinat Omotoyosi Salihu in her summary judgment further awarded the sum of N200, 000.00 as cost in favour of Uthman against the defendant, Ajose.

The judgment followed suit No; MCIK/SCC/76/2026 filed by the claimant, Uthman by a complaint Form (Form SCA2) filed on February 26, 2026.

The claimant averred that the defendant obtained a loan of N3 million from him on March 18 and 19, 2025, and paid back the sum of N500, 000.00 only, leaving outstanding the sum of N2.5 million unpaid.

Also filed alongside the Form SCA2; on the same date, was an application by the claimant for a summary judgment (Form SCA3A), wherein he prayed the court for a summary judgment against the defendant.

During the pendency of the case, the defendant refused to show up in court and to enter his defence despite having been served with necessary documents through an order of substituted service via email on March 10, 2026, as evidenced by an affidavit of service deposed to by Sheriff Babajide Ogeyinbo, of the Small Claim Court, on same date.

In her judgment , Magistrate Salihu held that the defendant was availed with ample opportunities to respond to the action filed against him by the claimant, which he failed to appropriately respond to by filling a counter affidavit or even presenting himself in court.

“His failure to appropriately respond to the application by filling a counter affidavit in compliance with Article 7 of the Practice Directions, 2023, or even presenting himself in court is an indication that he indeed has no defence to the instant suit.

The court said it was convinced placing reliance on the affidavit of service that the defendant was made aware of the pendency of the suit but absented himself in wilful disobedience to the summons of the court.

Although the judgment was delivered on April 10, 2026, the certified copy was made available to our reporter yesterday in Abuja.

Magistrate Salihu said: “This court, having thus satisfied itself that all the prerequisites for the hearing of this suit had been complied with as aforesaid, heard Emmanuel Ochai, the claimant’s counsel, move the claimant’s application for summary judgment in open court on May 30, 2026, whereat, counsel relied on all the averments in the supporting affidavit and annexed exhibits in proof of the claimant’s claims, urging the court to grant the reliefs as prayed in the said application.

“I have carefully considered the affidavit evidence before the court, particularly the documentary evidence presented by the claimant, and I find, by a calm reading of the exhibits attached to the claimant’s application for summary judgment, that a prima facie claim is made out against the defendant, who neglected to defend the application.

“The evidence before the court therefore, stands unchallenged and uncontroverted. The law is settled that where evidence is uncontroverted, the court has a duty to act on such evidence where same is credible.

“In the instant case, I have carefully looked at the affidavit in support and documentary evidence before the court. Exhibits”A” evidences the formal demand of the sum owed as required by law, while exhibits”B” is the transaction receipt from GTCO showing the transfer of N500.000.00 to the claimant by the defendant. These exhibits corroborated the evidence of the claimant.

“The law has become banal that where a creditor writes a demand letter, which the supposed debtor fails to react to, the silence of the latter leads to a presumption of admission by the conduct.

“Therefore, the failure of the defendant to react to exhibit”A” demanding a refund of the subject sum amounts to an admission by conduct of the contents of the letter. I therefore, find the above stated facts against the defendant, credible and established.

“Based on the uncontroverted evidence on record and the settled position of the law, it will be appropriate, in the circumstance of the present case, to grant the claimant’s claim for the sum of N2.5m , being the sum owed to claimant by the defendant. This, this court finds upon preponderance of evidence in the claimant’s favour that the defendant is liable to pay same to the claimant.

The court further awarded a cost of N200,000.00 as cost in favour of the claimant against the defendant as compensation for the expenses incurred in the litigation.