AKEJU JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Akwa Ibom State, sitting at Uyo delivered on 17 June 2010 in suit No. HU/283/2007.
The respondents as the plaintiffs before the High Court (hereinafter called the lower court) commenced the action through the writ of summons filed with the statement of claim on 23 July 2007 for the reliefs endorsed on the writ of summons and stated in paragraph 16 of the statement of claim as follows: “Whereof the plaintiffs claim against the defendant as follows:
N10,107,415.24k) (ten million, one hundred and seven thousand, four hundred and fifteen naira, twenty-four kobo), in special damages, being money standingto the credit ofthe plaintiffsin account number 314430280601opened with the defendant.
Fifty million naira (N50,000,000.00) beinggeneral and exemplary damages against the defendant for breach of contract.”
The appellant as the defendant filed a statement of defence which was later amended as …