SIDI DAUDA BAGE, J.C.A. (Delivering The Leading Judgment): This is an appeal against the judgment of Honourable Justice R.I.B. Adebiyi (Mrs) of the High Court of Lagos State, Lagos Judicial Division. The Appellant instituted the suit at the High Court via a writ of summons dated the 6th day of July, 1995 accompanied by a statement of claim of the same date:
1. The sum of N=15,370,175 (Fifteen Million, Three Hundred and Seventy Thousand, One Hundred and Seventy Five Naira only) representing damages suffered by the Plaintiffs for the breach of contract consisting in the wrongful refusal of the Defendant to allow the Plaintiffs draw on the balance of the over draft facility granted to the Plaintiffs by the Defendants and secured by the Deed of Title of the second Plaintiffs property.
2. An order that Defendant release the second Plaintiffs Deed of Title.
3. An order discharging the second, third and fourth Plaintiffs as particulars of special damages total N=15,370,175.
4. The Plaint…