FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the judgment of the High Court of Anambra State, at the Otuocha Judicial Division, and delivered on the 5-12-2011 by NWEZE, J. On the 8-5-2009, the Appellant as Plaintiff had taken out a summons against the Respondent as Defendant to recover the sum of Four Million, Nine Hundred and Sixty-Six Thousand Seven Hundred and Forty-Five Naira, Seventy Eight Kobos (4,966,745.78) only said to be made up of arbitrary and illegal charges debited against his current account No. 20159 kept with the defendant microfinance Bank.
In defense of this matter, the Respondent as Defendant, filed its Statement of Defense and also counter claimed the sum of Three-Hundred and Sixty-One Thousand, Three Hundred and Thirty-Nine Naira and Fifty-Four Kobos (N361,339.54) being the sum it claimed as omitted charges on the Plaintiffs account. The matter went to trial and at the stage of address, the Defendant Counsel pointed …