E. C. OBADIEGWU V. LION BANK OF NIGERIA PLC.

FABIYI, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Nzegwu, J., sitting at the High Court of Justice, Onitsha in Anambra State of Nigeria on 17th May, 2000.

As clearly discernible in the transcript record of appeal, the plaintiff/ respondent’s claims are contained in paragraph 10 of the ‘particulars of claim’ which accompanied the writ of summons specifically filed under the undefended list procedure. The claims read thus:-

“10. WHEREFORE the plaintiff claims against the defendant as follows:-

The sum of one million, eight hundred and seventy two thousand, one hundred and six naira sixty kobo (N1,872,106.60) being sum owed the plaintiff by the defendant as at the 31st day of December, 1999 as a result of the overdraft granted the defendant by the plaintiff.

Compound interest on the said sum of Nl,872,106.60 at the rate of twenty seven per cent per annum from the 1st day of January, 2000 until the date of judgment. A Interest at the rate of five per cent…