PAUL ADAMU GALINJE, J.C.A., (Delivering the Leading Judgment): By its amended statement of claim, at pages 109-111 of the Record of Appeal the Appellant herein claimed against the Respondent at the High Court of Kwara State sitting at Ilorin, the following reliefs:-
I. The sum of N24,840,000.00 being an outstanding refund expected from the Defendant of the unauthorized, withdrawal of N79,000,000.00 from various customer's account.
II. Interest at the rate of 25% per annum from 1st January, 2010 till the date of judgment.
III. Interest at the rate of 10% from the date of judgment till the whole amount is liquidated.
IV. Declaration of the right of the claimant to offer for sale by auction the properties of the Defendant to liquidate the expected refund.
V. Cost of filing of this suit."
The Respondent joined issues with the Appellant in a 29 paragraphs statement of defence and also filed a 27 paragraphs statement of counter claim in which he set out at paragraph 27, the following count…