SANUSI, J.C.A.: (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling delivered on 1st July, 1997 by Shitta-Bey J, of the Lagos Division of the Lagos State High Court. The claim of the appellant who is the plaintiff in the court below as per his writ of summons is as below:-
(a) The sum of N2,500,000.00 (Two Million, Five Hundred Thousand Naira only) being special and general damages for the defendant's negligence in wrongful and/or willfully, failed and/or refusing to pay or honour the plaintiffs cheque No. 00081 of Account No. 032154924 - 0232362502 dated 3rd August, 1993 drawn on the defendant Bank in favour of Prince Ani Orizu a valued business trading associate and customer and thereby causing the plaintiff damage.
(b) The defendant has failed and/or neglected to pay the said damages despite repeated demands.
Pleadings were filed and exchanged. Trial commenced in earnest at the court below on 1st July, 1997. The plaintiff (Appellant) opened his cas…