RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): The suit, the subject matter of this Appeal was instituted by a claim filed on the 19th of June 1989, which was amended by Order of Court on same date, and was further amended and filed on the 4/4/1995. - Pages 1-12 of the Record of Appeal.
The Appeal is against the Judgment of Hon. Justice P. A. C. Obidigwe, delivered on the 8th day of April 2004, at the Onitsha High Court.
In it, the lower Court gave judgment to the plaintiff/Respondent Emmanuel Nzelu, who died before the Record of Appeal was compiled and transmitted to this Honourable Court.
He was substituted by the Respondents on record, his wife as the 1st Respondent, and his son as the 2nd Respondent respectively.
SYNOPSIS OF THE FACTS
The Original Respondent, Emmanuel Nzelu was a current account holder and customer of the Appellant's bank.
Sometime ago, he informed the bank that he drew a bill on the bank for his overseas customers, to ship his goods through the Appellan…