MOHAMMED BABA IDRIS, J.C.A. (Delivering Leading the Judgment): By a Writ of Summons dated 1st November, 2004, the Appellant herein, as Plaintiff claimed against the Respondent as Defendant/counter-claimant as follows:
1. A Declaration that he was not indebted to the Defendant/counter-claimant in any way and how so ever.
2. An Order of Court directing the Defendant/Counter-Claimant to release the sum of N1,527,511.25k distrained by the Defendant/Counter-Claimant, and
3. The sum of N20 Million as exemplary damages for pains and embarrassment.
On the other hand, the Respondent counter-claimed against the Appellant as follows:
1. Judgment entered in favour of the counter-claimant against the Plaintiff in the sum of N3,401,164.78 (being the unsettled debit balance in the saving account of the Plaintiff)
2. 25% interest of the aforesaid amount from the date of filing this suit till judgment is delivered.
3. 30% interest of the judgment sum from the date of judgment until same is liquidated…