SANUSI JCA (Delivering the Lead Judgment): The respondent herein as plaintiff took a writ of summons dated 23 July 2004 against the defendant bank, now appellant at the Enugu State High Court presided over by Nweze By an amended statement of claim dated 11 June 2006 which supersedes the writ of summons, the undermentioned claims were made by the plaintiff, namely: The sum of N3,540,000.00 (three million, five hundred and forty thousand naira) being money had and received by the defendant from the plaintiff as part of the plaintiff’s contribution to the importation of galvanized pipes from Turkey.
Interest at the rate of 21% per annum from July 1997 until payment is made.
General damages of N20,000,000.00 (twenty million naira ) for breach of contract.
The facts giving rise to this appeal are simply put as below. Sometimes in 1996, the plaintiff now respondent, applied to the defendant, a bank, for counterpart funding to enable it import galvanized pipes from Turkey. The plaintiff/res…