AFRICAN CONTINENTAL BANK PLC & MR. I.S. OKEY OMENYE V. EMOSTRADE LIMITED

AKPABIO J.C.A.: (Delivering the Leading Judgment): This is an appeal against a judgment of Ita, J. of the High Court of Cross Rivers State of Nigeria holden at Calabar in Suit No. C/43/94 delivered on 5th February, 1996, wherein he entered judgment in favour of the plaintiff in the sum of ₦2,500,000.00 being damages for breach of contract will, no order as to costs.

The plaintiff's particulars of claim as filed in the court below were worded as follows:

"The plaintiffs claim against the defendants jointly and severally is the sum of ₦5,000,000.00 (Five million naira) being special and general damages for breach of contract in that the defendants who are the plaintiff's bankers have refused to furnish the plaintiff at her request and expense statement of account held as a customer of the defendants whereof the plaintiff has suffered damages in its trade and profession."

The gist of plaintiffs claim as finally set out in his six-page statement of claim may be summarised as follows:

At a…