SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal by the Appellant challenging the Judgment of the lower court delivered by Hon. Justice C.O. Ogisi in the High Court of Justice Owa-Oyibu Judicial Division of Delta State.
The claims of the Respondent (Plaintiff at the lower court) in this appeal, can be found in the Amended Statement of Claim on pages 31 -33 of the record of the appeal. Paragraph 14 thereof provides as follows:-
"14. Whereof, Plaintiff brings this action against the Defendant claiming as follows:-
(1) The sum of three million, five hundred and thirty-six thousand, six hundred and twenty-eight naira, fifty-four kobo (N3, 536, 628.54k) being Defendant's indebtedness to the Plaintiff as at 30th December, 2006.
(2) AN ORDER directing the Defendant to be paying Plaintiff 30% interest rate per annum on the same N3, 536, 628.54K with effect from 1st January, 2007 until the debt is fully liquidated."
ALTERNATIVELY; an order directing the Defendan…