ISAIAH OLUFEMI AKEJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Akwa Ibom State, sitting at Uyo delivered on 17/6/2010 in Suit No. HU/283/2007. The Respondents as the Plaintiffs before the High Court (hereinafter called the lower court) commenced the action through the Writ of Summons filed with the Statement of Claim on 23/7/2007 for the reliefs endorsed on the Writ of Summons and stated in paragraph 16 of the Statement of Claim as follows:
"Whereof the Plaintiffs claim against the Defendant as follows:
(a) Ten million, one hundred and seven thousand, four hundred and fifteen naira, twenty four kobo (N10,107,415.24) only, in special damages, being money standing to the credit of the plaintiffs in account number 314430280601 opened with the Defendant.
(b) Fifty million naira (50,000,000.00) being general and exemplary damages against the Defendant for breach of contact."
The Appellant as the Defendant filed a Statement of Def…