MICHEAL AWIEH & ORS V. CHIEF JOHNSON FADA OWOFIO

OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Delta State, sitting in Warri Judicial Division in Suit No. W/3/2005 delivered on the 20th day of May, 2008.

By a writ of summons and paragraph 19 of the amended statement of claim at page 52 of the record of appeal, the Respondent, then plaintiff claimed against the Appellants as defendants the following reliefs:

(a) The sum of Four Million, Seven Hundred and Forty-Two Thousand Naira (N4,742,00.00) being total of the principal sum of One Million and Fifty Two Thousand Naira (N1,052,000.00) and accrued interest thereon for twenty-five (25) months lent to the 1st, 2nd and 3rd defendants on 5/6/02 and duly guaranteed by the 4th defendant.

(b) Monthly interest of fifteen per centum (15%) on the principal sum of One Million and Fifty Two Thousand Naira (N1,052,000.00) from November, 2004 till judgment is finally entered.

(c) Annual interest rate of ten p…