CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellants who were the Plaintiffs in the court below instituted the action which led to this appeal against the Respondent who was the Defendant in the High Court of Edo State.
In their further amended Statement of Claim, the Appellants claimed the following reliefs against the Respondent Bank:
"(a) A declaration that all monies removed from the account of the Estate of Late Chief Bello-Osagie via cheques signed by a non-executor were illegally removed.
(b) An order that the said monies thus illegally removed be refunded and paid over to the account of the estate forthwith.
(c) One Million Naira General Damages for negligence. "
Pleadings were filed and exchanged by the parties. The case presented at the trial briefly put, was that the four Original Executors of the Will of Late Chief Bello-Osagie, namely Ben Edo-Osagie, Alhaji Sule Oyiboke, Mr. E.O. Igunbor and late Bishop John Edokpolor, opened an Estate Acco…