JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of High Court of Justice Benin in the Edo State of Nigeria in Suit No. B/216/99/ BETWEEN SAMSON EGBOMWANRE IDEMUDIA V. UNITY BANK PLC, delivered on the 14th day of October, 2009 wherein part of the claims of Plaintiff/Respondent/Cross Appellant was granted i.e. the claim in paragraph 27(ii) and (iii) of the Plaintiff/Respondent/Cross-Appellants further amended statement of claim No. 3 and the claim in Paragraph 27 (i), (iv), (v) (xiii) dismissed
Briefly the facts of the case are that by the writ of summons and by paragraph 27 of the amended statement of claim No. 3 the Plaintiff/Respondent/Cross-Appellant claimed against the defendant/Appellant/Cross-Respondent as follows:-
27 (i) The sum of N17,500.00 fraudulently deducted by the Defendant from the N70,000.00 loan granted to the plaintiff by the National Directorate of Employment(N.D.E) N17,500.00
(ii) Credit balance in account 11540 as…