NDOMA-EGBA
V.
A.C.B. PLC.
·
OGUNTADE, J.S.C.: (Delivering the Leading Judgment): The appellant was the plaintiff at the Calabar High Court of Cross River State. He brought the suit for and on behalf of Ndoma-Egba, Ebri and Co. (hereinafter referred to as the Law firm'). He claimed against the respondent, as the defendant for the following:
"(i) The sum of ₦331,000.00 unlawfully withdrawn from the plaintiff's current account No. 05756 as a result of the defendant's negligence and collusion.
(ii) Interest on the principal sum calculated at the rate of 52% from the date of withdrawal until judgment.
(iii) ₦5 million (Five million Naira) being general damages for breach of contract, negligence for breach of contract, negligence and loss of reputation".
The parties filed and exchanged pleadings after which the suit was heard by Itam J. In a reserved judgment on 22-9-98, the trial Judge awarded to the plaintiff the sum of ₦331,000.00 being the amount alleged to have been unlawfully withdrawn from the account of the …