UWANI MUSA ABBA AJI, J.C.A, (Delivering the Leading Judgment): By a writ of summons and an affidavit in support of claim dated 15/01/2003, the Respondent herein as the plaintiff at the High Court, instituted an action in the Edo State High Court, Benin City against the Appellant as the Defendant herein claiming as follows:-
"(a) An order for the payment of the sum of N2,189,654:00 (Two Million, One Hundred and Eighty Nine Thousand, Six Hundred and Fifty Four Naira) being the amount standing to the debit on Account No. 601091242 as at 31/3/2002 due to Plaintiff from the Defendant by virtue of contract of Guarantee entered into between the parties on 3rd April 1989 at the request of the defendant in respect of the said account operated by Chief S.E. Okonofua, trading as Stesok Enterprises to secure overdraft facilities from the Plaintiff and which facilities the said Chief Okonofua and the defendant have failed, neglected and or refused to pay despite repeated demands by the Plaintiff w…