ABIRU JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Kano State in suit No. K/567/2002 delivered by Honourable Justice S. B. Adamu on 4 February 2009. By an amended statement of claim dated 19 October 2007, the respondent, as plaintiff, claimed against the appellants, as defendants, as follows:
The sum of N123,431,839.61 (one hundred and twenty-three million, four hundred and thirty-one thousand, eight hundred and thirty-nine naira, sixty-one kobo) being the amount outstanding against the defendants’ accounts as at 31 July 2002. . Bank interest at the rate of 28% per annum from 1 August 2002 till date of judgmcnt. ii . 10% court interest from date of judgment till satisfaction. iv. Costs.
The defendantsresponded by a further amended statement of defence dated 18 November 2007.
The case of the respondenton thepleadings was that the first appellant was its customer and it maintained account Nos. CO 40003201 (an overdraft account) and 50262…