JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Niger State in the Minna Judicial Division, delivered on the 11th day of December 2003 in Suit No: NSHC/M/69/2001: INTERCITY BANK PLC V. (1) CHARTERED BRAINS LTD (2) ABDUL ZUBAIR.
The Respondent as Plaintiff in the Court below had by paragraph 15 of its statement of claim against the Appellants as Defendants claimed as follows:-
"Whereof the Plaintiff claims the sum of N7,460,259.85K being the balance of the loan (unpaid) granted by the Plaintiff to the Defendants with interest at 21% per annum from the date this suit was filed and thereafter 10% interest till the entire sum is fully liquidated."
At the conclusion of hearing, the learned trial Judge delivered Judgment in favour of the Plaintiff granting the relief sought.
The Defendants/Appellants being dissatisfied with the Judgment of the lower Court now appealed to this Court.
The Learned Counsel for the Appell…