ITA G. MBABA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Kaduna State High Court in suit No. KDH/KAD/314/91, delivered by Hon. Justice H.N. Donli on 30/3/1998.
The Respondent who was the plaintiff at the High Court (by then International Merchant Bank Ltd.), had claimed the sum of N856, 221.47, with 34.5% interest per annum against the Appellants (by then Defendants), from 1st Oct. 1992, until judgment, and thereafter 10%, per annum, until the judgment debt is liquidated. That was suit No. KDH/KAD/301/92.
The Appellants had earlier sued the Respondent for a declaration that the Respondent had breached and frustrated an agreement, frustrated repayment, bloated and misrepresented account. They sought perpetual injunction and over N23 Million as damages for lose of profit and breach of agreement. That was suit no. KDH/KAD/314/91.
The two suits were consolidated on 4/8/93 under KDH/KAD/314/91, on Appellants' application, filed on 27/7/93. Consequen…