M. A. OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice M. O. Eneji, J. sitting in the Calabar Division of the Cross River State High Court delivered on 31th March, 2006.
The 1st Respondent as Plaintiff issued a writ of summons against the Appellant and the 2nd Respondent as Defendants on 19th October, 1999. This writ was followed up by a Statement of claim dated and filed on 26/11/99 whereof the Plaintiff claims from the Defendants as follows:
(i) The sum of N377,262.50 being the outstanding balance of the sum illegally debited by the Defendants from the Plaintiff account on 28/5/99 and interest of 35% per- annum on the said sum from 28/5/99 until repayment is made.
(ii) An order to the Defendant to immediately 'unblock' the Plaintiff's account No. 202086779 with the Defendant Bank, that is by allowing the Plaintiff to operate the said account by himself for himself without let or hindrance and to credit Plaintiff's account with …