HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgment): This appeal is as a result of the judgment of Hon. Justice Edem Ita Koofreh of the Cross River State High Court Calabar in suit No. HC/381/2005; Conphils International Limited and Access Bank (Nig) Plc, decided on the 6th of December, 2017. By the said decision, the court held that the defendant, now appellant breached its contract with the claimant and as such, (the claimants) entitled to the reliefs sought.
It should be recalled that the respondent herein on the 16th of September, 2005 took out a writ of summons against the appellant, and from the further amended statement of claim filed on the 7th of March, 2014, sought for the following reliefs:
a. A declaration that the removal of the goods by the Defendant from the Claimant shops situate at No. 20BChamley Street and No. 37 Calabar Road, Calabar on the 3rd of September, 2004 and the 6th of September, 2004 is illegal, null and void.
b. The sum of N3,244,000.00 (Three Million…