FIRST BANK OF NIGERIA LIMITED V. CHIEF PRECIOUS GBENEKPIGI NGBOR

ABDUL-AZEEZ WAZIRI, J.C.A. (Delivering the Lead Judgment): The instant appeal is against the judgment of the High Court of Rivers State, sitting at Port Harcourt, delivered on the 8th day of May, 2023, Coram Hon. Justice. S. O. Benson. The said judgment is located at pages 197 to 224 of the records of appeal.

BRIEF FACTS

The Respondent (as Claimant) commenced the action before the High Court of Rivers State, Port Harcourt Judicial Division on 24th June 2021 by a writ of summons filed through his original counsel. Subsequently, with leave of Court granted on 19th January 2022, the Claimant filed an Amended Statement of Claim on 21st January 2022, seeking several declaratory and consequential reliefs against the Defendant. The principal reliefs sought included:

1. A declaration that the Claimant was not indebted to the Defendant in the sum of N1,467,365.02 or any other sum however as demanded by the Defendant in its letter dated 7th May 2021.

2. A declaration that the Defendant was negligent in t…