MUHAMMAD, J.C.A, (Delivering the Leading Judgment): The appellant as plaintiff at the High Court of Justice, Ilorin Kwara State, is a Banking Institution duly incorporated under the Laws of the Federation. The respondent as defendant was a customer to the bank. Sometimes in 1981, the respondent applied for a short term loan and overdraft in the sum of N9, 000.00 from the Ilorin Branch of the appellant. The loan was approved and granted to the respondent. The loan was to be repaid within a short term. There was failure from the respondent to effect repayment within the period agreed despite repeated demands by the appellants.
The appellant took a specially indorsed writ wherein it makes the following claims:-
"The plaintiffs claim is for the sum of N33, 085.33k (Thirty three thousand eighty-five naira and thirty three kobo) being the amount outstanding as debit in the defendant's account with the plaintiff as at close of business on 11/2/91 arising from loan and overdraft facilities ex…