HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kaduna State in Suit No KDH/KAD/546/93 delivered by Honorable Justice J. Abiriyi (as he then was) on the 23rd of January, 2004. By a writ of summons filed on the 1st of November, 1993, the Appellant, as plaintiff, commenced an action in the High Court of Kaduna State in Suit No KDH/KAD/546/93 against the first and second Respondents, as first and second defendants, and he prayed for:
i. A declaration that the first Defendant Bank is in breach of contract by charging interests of more than 12% per annum on the loan/overdraft of N20,000.00 granted to the plaintiff, as any higher rate of interest has not only imposed a non-contractual burden on the Plaintiff and has brought about plaintiff's consequential inability to liquidate the aforesaid loan inspite of repayments of more than double the principal loan/overdraft facility originally enjoyed by the plain…