OKORO JCA (Delivering the Lead Judgment): This appeal is against the ruling of the High Court of Justice, Kano State presided over by N. S.Umar J in which it refused and dismissed the appellant’s application to strike out and/or dismiss the respondents’ claim and with it, the order of interlocutory injunction earlier granted by the said court. The said ruling was delivered on 10April 2003.
The respondents, who were plaintiffs at the court below had by a writ of summons dated 9 July 2002 claimed against the appellant who was the defendant as follows:
An order directing a thorough reconciliation of the 1st and 2nd plaintiffs’ account with the defendant by a reputable firm of chartered accountants to be appointed by the court. A declaration that the defendant is not entitled to charge compound interest on the 1st and 2nd plaintiffs’ account contrary to the agreement of the parties. 3. An order setting aside all overcharges either by way of interest, Commission On Turnover (COT), unauthor…