OWOADE JCA (Delivering the Lead 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 31 March 2006.
The 1st respondent as plaintiff issued a writ of summons against the appellant and the 2nd respondent as defendants on 19 October 1999. This writ was followed up by a statement of claim dated and filed on 26 November 1999 whereof the plaintiff claims from the defendants as follows:
The sum of N377,262.50 (three hundred and seventy seven thousand, two hundred and sixty two naira, fifty kobo) being the outstanding balance of the sum illegally debited by the defendants from the plaintiff’s account on 28 May 1999, and interest of 35% per annum on the said sum from 28 May 1999 until repayment is made. An order to the defendants 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 him…