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MUHAMMAD, JCA (Delivering the Lead Judgment): The1st respondent in the instant appeal was the plaintiff at the court below. The appellant and the 2nd respondent were the 1st and 2nd defendants respectively. For our purpose the parties would be referred to simply as appellant and respondents, and the trial court, the court below.
The 1st respondent’s claim against the appellant and the 2nd respondent jointly and severally was for:
“(a) The sum of N6,250,000 (six million, two hundred and fifty thousand naira) being money had and received by the defendants in negligently cashing the bank draft made out by the 1st defendant for the plaintiff.
(b) The sum of N11,000,000 (eleven million naira) against the 1st defendant only being monies negligently paid by it, despite the plaintiff’s subsisting countermand and direct instruction not to pay until confirmation is given by the plaintiff.
(c) Interest from the 29th day of September, 1994 at the rate of 21% per annum until date of judgment and …