HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Benin High Court delivered by Hon. Justice A.A. AGUN on 19th February, 2002. The court granted all the reliefs sought by the Plaintiffs.
Being dissatisfied, the Respondents at the trial court have now appealed to this court. The facts which led to this appeal are as follows:
In 1975, the 1st Respondent, a Businessman and the Managing Director of the 2nd Respondent's Company opened an Account No. 5456 with the Appellant.
Subsequently, at the request of Mr. W .J. Anukpe, who was at that material time, the Managing Director of the Appellant, a Partnership for the importation of cement was formed and made up of the 1st Respondent, Mr. W.J. Anukpe and one Dr. G. Orewa as partners. Each partner was to contribute N20, 000.00 (Twenty Thousand Naira) as capital for the Partnership. Mr. W.J. Anukpe and Dr. G. Orewa did not contribute their share while the 1st Respondent provided t…