EDOZIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Borno State High Court delivered on 25th May, 1996 in respect of two consolidated suits viz, Suit No. M/166/88 and Suit No.M/32/89 involving the same parties and arising from the same transaction or series of transactions.
In the former case, that is, Suit No.M/166/88 the Appellant Bank was the plaintiff and as reflected in paragraph 21 of the statement of claim, it claimed against the Respondent as defendant the following reliefs:
"21. Wherefore, the plaintiff claims from the Respondent the sum of N2,041,078.73 (Two Million, Forty-One Thousand and Seventy-Eight Naira, Seventy-Three Kobo) being the balance due from him on the facilities granted to him by the plaintiff inclusive of accrued interest and other Bank charges thereon as at 30/9/88; plus interest thereon at the rate of 17% p.a. from 1st October, 1988 till the day of final payment of the judgment debt to be obtained herein in addit…