NELSON DALKO V. UNION BANK OF NIGERIA PLC.

NZEAKO, JCA (Delivering the Lead Judgment): At the High Court of Justice Yola, Adamawa State, Nigeria, Abba. J, on 5th April, 2000 delivered judgment in favour of the plaintiff in suit No. ADSY/98/99 against the defendant. The defendant, being dissatisfied with the said judgment has appealed to this court. There is only one ground of appeal contained in the notice of appeal filed on 24/5/2000. By an ordinary writ of summons filed in the court below on 2/12/99, the plaintiff, a banking institution which is now the respondent in this appeal, sought to recover from the defendant, who is the appellant herein, the sum of N198,962.04 claimed as being outstanding debt as at 27/10/99. The debt is stated to arise out of banking facility of N75,000.00 granted to the appellant by the respondent some time in 1996, at interest, of 20.5% per annum.

The foregoing is paragraph 1 of the claim endorsed on the writ. In three other paragraphs the plaintiff claimed as follows:- 2. 25% interest per annum …