GALADIMA, J.C.A. (Delivering the Leading Judgment): By a further amended statement of claim dated 27/10/1997 the plaintiff (hereinafter referred to as the "respondent") at paragraph 17, claimed against the defendant (hereinafter referred to as the "appellant") as follows:
"(a) Refund of the sum of D.S.$186,990.00 or the equivalent in Naira being money deposited by plaintiff in the defendant bank for remittance to a Good fit Trading Company Limited.
(b) Interest at the current rate of interest per annum on the total sum of D.S.$186,990.00 or the equivalent in Naira from the 18th February, 1983 till date of judgment in this suit and thereafter at 50% per annum until the whole amount is fully paid."
Issues were joined on the respective pleadings of the parties.
The respondent herein brought the action as the administrator of the estate of one Alexander Ozokwere; deceased who died intestate in May 1983.
The summary of the appellant's case was that it received a letter of instruction from…