IKONGBEH, JCA (Delivering the Lead Judgment): This is an appeal by the defendant bank against the decision of the old Imo State High Court, sitting at Aba. The plaintiff commenced proceeding against the defendant bank by a writ of summons wherein he claimed, as per paragraph 20 of his amended statement of claim - “(i) USD 240,805.15 payable to Bergen Bank, Norway with interest at 15% per annum; (ii) N10,000.00 (Ten thousand Naira) damages for breach of contract.
Alternatively, the plaintiff claims from the defendant the sum of N15,000,000.00 (Fifteen million Naira) for negligence in that the defendant neglected to perform its duty as banker of the plaintiff.”
The following facts are not disputed. The plaintiff pleaded them in paragraphs 2 - 7 and 9 of his amended statement of claim and the defendant bank expressly admitted them in paragraphs 2, 3, 5 and 8 of its further amended statement of defence. The plaintiff banked with the defendant bank and another bank in Norway called Bergen …