SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of High Court of Justice Enugu State (the lower Court" for short) delivered on 28th July 2005 (Coram Udeh J). By their statement of claim the Respondents as Plaintiffs at the lower court, Instituted this action against the appellant then as defendant thereat, claiming against the defendant jointly and severally as follows:-
(i) The sum of Fifty million Naira (N50,000,000.00) as specific and general damages for injuries inflicted on the plaintiffs by the defendant when the defendant on 28-9-99 negligently and; or maliciously disobeyed the Instructions of the 1st Plaintiff on Cheque No. 000525451 and issued Bank Cheques instead of Bank Drafts for payment to NNPC at Makurdi.
(ii) Interest on the sum claimed at the rate of 21% from 1-11-99 until the final payment is made.
(iii) Cost of this action.
At the lower court the appellant, then respondent United Bank for Africa Plc, Enugu Main Branch…