MANGAJI, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Naron J. of the Plateau State High Court in suit No. PLD/J282/90 dated 4/10/96 wherein Progress Bank of Nigeria Plc. (now duly substituted by the appellant) was found to have proved that it granted the respondent an overdraft facility but concluded that “the amount was not due and payable at the time the suit was commenced.” Consequently, the learned trial Judge struck out the suit on the ground that it was commenced when the cause of action had not accrued. The appellant was not at all satisfied with the said conclusion. It accordingly filed a notice and ground of appeal containing three grounds dated 12/11/96.
In compliance with the Rules of this court, parties, by their counsel, filed and exchanged briefs of argument which they adopted during the oral hearing on 15/3/2001. Both learned counsel formulated two issues each as arising for determination from the grounds of appeal. Admittedly, both of…