BADA JCA (Delivering the Lead Judgment): This is an appeal against the Judgment of High Court No. 1 sitting at Enugu Judicial Division of Enugu State, delivered on the 12th day of March 2003.
In order to appreciate this appeal, it is necessary to refer to the facts leading to the appeal. Briefly the facts are that the respondents/cross- appellants being the plaintiffs at the lower court claimed by paragraph 37 of the further, further, further amended statement of claim jointly and severally against the appellant/cross-respondent being the defendant as follows:-
“The total sum of N11,113,863.10 a breakdown of which is shown hereunder.
(a) The sum of £13,603.50 or N1,741,248.00 (naira equivalent as at May 1995) being the value of the sum of N15,000.00 deposited with the defendant in December 1982, for remittance to Bakaert International Trade, Belgium which it negligently refused or failed to do.
(b) The sum of £34,161.056 or N4,372,615.10 (naira equivalent as at May 1995) being accumula…