UNITED BANK FOR AFRICA PLC.
V.
MIDAS SANDRA NIGERIA LIMITED

MUHAMMED LAWAL SHUAIBU, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Akwa Ibom State sitting at Eket Judicial division delivered on 22nd June, 2015 wherein the lower court found the appellant negligent in handling the respondent’s account domiciled in the appellant.

The respondent as plaintiff at the lower court took out a writ of summons and statement of claim against the appellant herein respectively filed on 14/1/2006 and 25/5/2006.  In paragraph 45 of the Further Amended statement of claim respondent as plaintiff claimed from the defendant/appellant as follows:-

45. Whereupon, the plaintiff claims from the defendant as follows:

1. A Special Damages

   1. Auditing Fees – Three Hundred and Fifty Thousand Naira             ₦350,000.00

   2. Legal Fees – Four Hundred Thousand Naira                                  ₦400,000.00

   3. Hotel Accommodation 30th March-April 1st,2005                           ₦ 28,500.00

   4. Hotel accommodation 8th – 10th December,2004      …