UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Akwa Ibom State sitting in Uyo delivered on 30th November, 2012. The Appellant as plaintiff had instituted a suit in the High Court and claimed the following reliefs.
1. The sum of ₦76,400.00 (Seventy Six Thousand, Four Hundred Naira) only withdrawn from his account No. 1'853010006766 with the defendant.
2. Interest on the said ₦76,400.00 at the Current Bank interest rate of 20% from the 29th May, 2010 until the debt is liquidated.
3. ₦750,000.00 damages on the injuries sustained and on the breach of contract.
The Appellant had saved the amount of ₦77,000.00 in his account with the Respondent. On 8th June, 2010, the Appellant went to withdraw money with his ATM card. He tried severally but couldn't withdraw money. On getting into the bank he was informed that there was no money to withdraw in his account.
He then made a formal oral complaint about the loss to the …