OGEBE JCA (Delivering the Lead Judgment): The respondent company sued the appellant in Onitsha High court claiming in its amended statement of claim, the following reliefs: “(i) The sum of N664,683.56 being the debit balance of the overdraft and loan facilities granted to the plaintiff by the
defendant on plaintiff’s account No. 4001 - 007 as at 26th A 1998.
Interest on the said sum of N664,683.56 at the rate of 21% per annum from the 27th day of January, 1998 until the date of judgment.
Interest on the judgment debt at the rate of 5% per annum from the date of judgment until the total debt is liquidated.” Both parties gave evidence and the case turned on the rate of interest chargeable on the overdraft and loan granted to the respondent by the appellant. At the conclusion of evidence both parties were ordered by the court to file written addresses. The written addresses were filed but somehow, the trial Judge failed to consider them in his judgment. He then gave judgment in favou…