ODUYEMI, JCA (Delivering the Lead Judgment): By a writ of summons issued out of the High Court of Justice of Kogi State, the appellant, as plaintiff claimed from the defendant as follows:-
“1. AN AWARD of the sum of Fifty Eight Thousand, Thirty Naira, Eighty Four Kobo (N58,030.85k) being the defendant’s outstanding overdraft balance as at 31st day of January, 1994.
2. AN ORDER calculating the interest at the rate of 21% on the said Fifty Eight Thousand, Thirty Naira, Eighty Four Kobo (N58,030.85k) from the said 31st day of January, 1994 till the date of judgment in this case and award same to the plaintiff.” The respondent denied the claim in his statement of defence.
At the end of the trial, the learned trial Judge in his judgment dismissed the claim of the plaintiff and entered judgment in favour of the defendant. It is against that judgment that the plaintiff - (who shall in this judgment hereinafter, where necessary, be referred to as the “appellant” has appealed.
With the leave o…