ABIOTEX INTERNATIONAL LIMITED V. FIDELITY BANK PLC

HAMMA AKAWU BARKA, J.C.A.(Delivering the Leading Judgment):

The instant appeal is against the Ruling of the Delta State High Court sitting at Effurun in Suit No. EHC/13/2013, between Abiotex International Limited v. Fidelity Bank Plc delivered on the 2nd of December, 2013.

The brief facts generating this appeal are not in contest. The Appellant herein, as plaintiff at the court below on the 10th of April, 2013 took out a writ of summons against the Respondent wherein appellant claimed as follows:

“(i) The sum of N500,000,000 (five hundred million naira) being damages in negligence in that sometimes in January, 2012 to date, the defendant without due care operated the claimant’s account number 4010389994 and 5080047748 maintained at the Effurun, Warri branch of the defendant in clear violation and utter disregard for the mandate of its operation.

(ii) An order of this honourable court directing the defendant to furnish the claimant an accurate statement of the said claimant’s accoun…